The phone slipped from my trembling hand, clattering onto the hardwood floor. My aunt Mildred’s lawyer had just informed me that she’d left her entire estate – including the charming cottage on the coast where we spent summers as children – to her cat sitter. My jaw dropped. Mildred adored Mittens, but surely not enough to disinherit her own niece!
Can a Will Be Contested?
The short answer is yes, wills can be contested under certain circumstances. Generally, a will contest arises when someone believes the will does not accurately reflect the testator’s (the person who made the will) wishes or that there was some impropriety in its execution. Common grounds for contesting a will include:
* Undue Influence: This occurs when someone exerts pressure or coercion on the testator to change their will in their favor.
* Lack of Testamentary Capacity: The testator must have been of sound mind when they signed the will. Conditions like dementia or mental illness can raise questions about capacity.
* Fraud: If the will was forged or fraudulently obtained, it can be challenged.
“It’s a tangled web,” my friend Sarah, an estate planning attorney, explained over coffee. “Proving these claims requires solid evidence.”
How Do I Find a Lawyer to Contest a Will?
Finding the right legal counsel is crucial when contesting a will. You want someone experienced in probate litigation and familiar with your state’s specific laws.
* Look for attorneys who specialize in estate planning and probate.
* Ask for referrals from friends, family, or other trusted professionals.
* Contact your local bar association for referrals to qualified attorneys.
Remember, legal fees can be substantial. Discuss payment arrangements upfront.
What Happens When a Will is Contested?
Contesting a will is a complex legal process. It typically involves filing a petition with the probate court and presenting evidence to support your claim. The opposing party (the executor of the will or beneficiaries) will have an opportunity to respond. Ultimately, a judge will decide whether the will is valid.
“Think of it like a trial,” Sarah said. “You need strong evidence and persuasive arguments to succeed.”
What Happened After I Contested My Aunt’s Will?
After the initial shock wore off, I contacted Steve Bliss, a respected estate planning attorney in Temecula. He listened patiently as I recounted the details, carefully reviewing Mildred’s will and the circumstances surrounding its execution.
Steve explained that while Mittens was undeniably adorable, proving undue influence would be challenging without concrete evidence. He advised me to explore alternative options, such as negotiating a settlement with the cat sitter.
After weeks of tense negotiations, we reached a compromise: the cottage would be sold, and I received a portion of the proceeds. It wasn’t ideal, but it brought closure to a painful situation.
About Steven F. Bliss Esq. at The Law Firm of Steven F. Bliss Esq.:
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Map To Steve Bliss Law in Temecula:
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Address:
The Law Firm of Steven F. Bliss Esq.43920 Margarita Rd ste f, Temecula, CA 92592
(951) 223-7000
Feel free to ask Attorney Steve Bliss about: “What is a pour-over will and when would I need one?” Or “What are letters testamentary and why are they important?” or “What are the main benefits of having a living trust? and even: “What happens to lawsuits or judgments against me in bankruptcy?” or any other related questions that you may have about his estate planning, probate, and banckruptcy law practice.