Probate is the process of verifying a will. When someone dies, their will is “probated,” and any interested party can appear and challenge the validity or disposition of a will. Beneficiaries, heirs, creditors, and others with a financial stake in the decedent’s estate can all come and make a claim about the will or the language of the will.
If there is no will (known as intestacy), the probate court determines how the assets are distributed. The heirs and beneficiaries must agree on what the decedent wanted, and produce evidence supporting their claims. When this happens, there may be a good deal of dispute and even fighting about who should have what. A Mountain View probate litigation lawyer is essential during these times to ensure everyone’s interests are fairly represented. Reach out to our experienced attorneys at Hackard Law today for a free consultation.
In California, only wills for assets over $184,000 are probated. If the will contains any real estate, because of California’s current property values, it will most likely be probated. If the decedent was elderly or in poor mental health, there is a significant chance someone may challenge their will, trying to gain an advantage as a beneficiary.
Some common reasons to challenge a will include:
A testator must understand why they are writing or changing their will, the property they are distributing, and who they are giving it to. Lack of testamentary capacity is a common claim with older testators.
A will or a portion of the will may be voided if a party can show that someone used their influence over the testator, such as isolation or subtle threats, to make them alter the will.
Minor misspellings will not void the will, but mistakes in signatures, lack of witnesses, or major errors may invalidate a will or a codicil.
Fraud by any party, including the testator, can invalidate a will or portions of the will.
Making these claims is only the first part of challenging a will. A claimant must be able to prove it in court, or defend against it if they are on the other side of the claim. A probate litigation lawyer in Mountain View can provide guidance, represent your interests, and help present a strong case.
In California, beneficiaries have only 120 days to contest a will after the probate hearing. This gives you a very narrow window to find a qualified probate litigation attorney in Mountain View and file your petition. The estate planning attorney who drafted the will may not have the litigation skills you need to challenge the will in probate court. You need someone with an understanding of the process and deadlines in California courts, and the experience to take a case from petition to trial.
At Hackard Law, we focus on probate trial litigation. With more than 40 years of experience in probate litigation, we can get you through the process with the care and diligence that helps win your case. Our reputation in the court system lets us negotiate a resolution without needing to litigate, but when necessary, we will go all the way for our clients.
Our Mountain View probate litigation lawyer at Hackard Law works on a contingency fee basis. You pay nothing until your case is resolved. The initial consultation is free. Call us for a case evaluation and consultation today.
(916) 313-3030