A will is considered by the court to be the final wishes of the testator — the person who drafted the will. You may seek to have a will voided in its entirety or in part, and the burden of proof is on the contesting party.
In order to contest a will, you must have standing. That is, you must be able to show that you have a financial stake in the outcome. A person who is named in the will, who was named in an earlier will or who would have benefited had the client died intestate (without a will) has standing in that will.
Having a knowledgeable and highly regarded probate attorney in your corner is essential to successfully challenging a will. The Sacramento will contest lawyers at Hackard Law, A Professional Law Corporation, represent individuals in will and trust litigation.
Individuals with significant financial holdings who are in frail mental condition are vulnerable targets for someone who wishes to gain an advantage as a benefactor. There are a number of reasons for challenging a will’s validity. The most common are:
California laws limit the amount of time a person has to contest a will. It is best to file a petition to contest a will before the probate hearing. However, it is possible to contest a will after a hearing in which the court accepted the will as a valid document. You must do so within 120 days of that hearing date.
Our experienced probate lawyers are available to answer your questions regarding will and trust contests during a free consultation. We will provide a candid assessment of your case and recommend the best course of action. Contact us to schedule a meeting with a Sacramento will contest lawyer today.