Top Estate Planning Attorney R. Sam Price, founder of Price Law Firm, APC in Redlands, CA, emphasizes that contesting a will requires valid legal grounds, such as fraud or undue influence. For more information please visit https://pricelawfirm.com
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California estate planning attorney Mr Sam Price has disclosed that challenging the Will of a recently departed family member can be done only for valid legal reasons.
For more information please visit https://pricelawfirm.com
The Founder of Price Law Firm, APC, in Redlands, asserted: "A person cannot simply go ahead with litigation because they are disgruntled with a relative's will's outcome or did not receive as much as expected," he asserted.
Contesting a Will can be based on one of several legal grounds, including fraud, someone exerting undue influence over the person before their death, or incapacity of the deceased when the Will was written.
Further objections can be launched because of insufficient or inappropriate witnesses to the Will, unclear details, or the existence of a later, valid Will.
Another ground for objection could be that the executor who administers the Will is in breach of their fiduciary obligations.
Mr Price said: "There is a clear point to be made here. Many leave their wills to be written until they are close to death or in their advanced years. Naturally, this could lead to a contest of the estate because the testator's mental capacity could be challenged.’’
"Rather than leave a will to the last minute, seek legal advice early from an attorney who is a specialist in this field and get an estate plan together. Then update it regularly."
He said a legal contest's starting point is someone with 'legal standing' to contest the Will. Interested persons are beneficiaries such as loved ones, children, and family members. Heirs could challenge a will if they were left out or had a disproportionate share of the inheritance.
Creditors and those who have a claim on the estate can also launch a legal objection.
"This is the initial legal requirement and can show that you should have been named in the will or that you were due to gain as a beneficiary if that person died without a will."
He advised: "If you have standing, a will can be contested. Still, some will carry a 'no-contest' clause which outlines that an heir of a beneficiary who challenges the Will and loses will be disinherited."
Another consideration is the statute of limitations on challenging a Will. This is the deadline for filing a legal claim to ensure people can retain the right to contest the will.
"If you are too late, you will lose the right to a will challenge".
Mr Price said the process would be to file a petition to the state probate court which informs the court that a person intends to contest it. From here, the case could be settled or continue to a hearing where a judge decides if the Will is valid.
Before going down this 'contest' route, a person should seek legal advice to establish the cost of such a challenge. One who loses a challenge will have to pay the winner's costs – so losing personal finances and the amount in the Will to be contested may not be cost-effective.
He concluded: "Those who are intent on launching a challenge must be completely comfortable with its impacts. Is taking a stance worth losing loved ones, family, and friends in the long run? Are they prepared to fail? If so, they must seek a probate litigation specialist to guide them through the process."
Source: http://RecommendedExperts.biz
Contact Info:
Name: Sam Price
Email: Send Email
Organization: Price Law Firm, APC
Address: 454 Cajon Street, Redlands, CA 92373
Phone: 909-488-4110
Website: https://pricelawfirm.com
Release ID: 89127959
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