While it is relatively rare, contesting a will or trust in California is something that should be done when certain red flags arise, and you believe that fraud or other issues have occurred. Survivors are eligible to contest a trust or will under California law in certain circumstances.
The state’s probate code outlines that if the trust or will has already been admitted to California probate, then the objection cannot be filed later than 120 days afterwards. The four major reasons that you should consider meeting with an experienced probate administration attorney in contesting a will include:
- Undue influence, fraud or forgery which occurs when someone takes advantage of the vulnerable, incapacitated or elderly.
- Violation of provisions, such as not having the appropriate amount of witnesses or signing processes.
- If someone has a substance abuse issue or dementia, and has created a will, it is possible to call the integrity of that person’s capacity to create a legally binding document into question.
- Presence of more than one will.
While challenging a trust or will is rare, scheduling a consultation with an estate planning attorney can help you determine whether or not this is applicable in your case.
If you’re concerned about certain family members challenging the will or trust, you need to make sure you speak with an attorney in Pasadena so that you construct the right strategy and plan to protect your plans.