FAQs

Key points when multiple wills exist:

1. Generally, the most recent valid will is considered operative
2. Each will must meet California's legal requirements
3. Changes between wills must be examined for legality
4. All wills must be lodged with the court
5. Multiple wills can be grounds for contesting
6. File objections immediately if an old will is presented in court
7. Consult an estate contest attorney for interpretation and representation
8. Time limit to contest is generally 120 days after probate admission
9. The court ultimately determines which will (if any) is valid

To accurately estimate estate or trust asset values:

1. Create a comprehensive inventory
2. For real estate: Get professional appraisals and market analyses
3. For vehicles: Check Kelley Blue Book or get appraisals for collectibles
4. For personal property: Hire appraisers for valuables, research comparable items
5. For financial accounts: Obtain recent statements and contact institutions
6. For businesses: Hire a professional business appraiser
7. Consider working with an estate attorney or professional fiduciary
8. Document all valuations thoroughly
9. Be aware of different valuation methods for various assets
10. Determine fair market value as of the date of death for tax purposes

While technically possible to contest a will without a lawyer, it's highly advisable to work with an experienced estate litigation attorney due to:

• Legal complexity
• Burden of proof requirements
• Strict time constraints
• Need to establish valid grounds and legal standing
• Multiple stages in the process
• Potential for settlement negotiations
• Protection of your rights

Given the high stakes, working with a qualified attorney significantly increases your chances of success.

Consider consulting an estate litigation lawyer if:

• There are disputes over estate administration
• You believe there are grounds to contest a will or trust
• You're an executor/administrator facing challenges
• You're a beneficiary whose rights may be violated
• There are complex legal issues involving the estate
• You need to file or respond to a probate court petition
• Other parties have lawyers involved
• You have questions about your legal rights and options
• The estate value exceeds $166,250 (requiring formal probate)
• You need to file a challenge within the 120-day deadline

Generally, mistakes alone don't automatically invalidate a will in California. However:

• Clear evidence of the testator's unintended will may invalidate it
• Fundamental mistakes about document identity or understanding may invalidate
• Mistakes from fraud or undue influence may invalidate
• Minor mistakes are unlikely to invalidate a will
• Courts try to interpret wills in line with the testator's overall intent

For wills:

• Contest immediately after death, before probate
• Object at the initial probate hearing
• File a petition within 120 days of probate admission

For trusts:

• Generally 120 days from receiving mandatory notice
• Up to four years for breach of fiduciary duty claims

Key considerations:

• Act quickly and consult an attorney ASAP
• Gather supporting evidence
• Consider no-contest clauses
• Assess your legal standing

If you've been cut out of a California inheritance:

1. Have a lawyer review the will or trust document
2. Determine if you have legal grounds to contest (e.g., undue influence, lack of capacity, fraud)
3. File a petition to contest within statutory deadlines
4. Gather evidence to support your claim
5. Explore settlement options