Will And Trust Contests
Most people will not feel the need to take legal action to contest a will or trust. However, in those cases, where the deceased did not make use of astute estate planning measures, problems can emerge leading to a contest of the will or trust. When you are faced with a will or trust contest, you’re potentially looking at legal proceedings that can last for years. Consult with an Orange County will and trust attorney about protecting your rights as a beneficiary. The experienced lawyers at the Citadel Law Corporation bring to your case solid legal expertise in probate law, allowing them to work to protect your rights.
When beneficiaries believe that the will or trust was not a proper representation of the person’s intentions at the time, they may be able to contest the will or trust and ensure that justice is done.
When Is a Will or Trust Contested?
Wills or trusts are contested when beneficiaries have reason to believe that the will does not represent the wishes of the deceased. In such cases, beneficiaries may go ahead, and contest the will.
However, these are complicated legal processes, and are often fraught with emotional risk. There is a likelihood that the process will leave you emotionally traumatized. Therefore, it’s important to speak with an attorney about your eligibility to contest the will, and any alternatives to a contest before you proceed.
You can only contest a will or trust in the following circumstances.
- You have been named as a beneficiary in the will.
- You have the potential to inherit from the estate, if the contest ends with the will being deemed invalid.
The contest of the will is usually done based on questions of the deceased’s mental capacity at the time of signing the document, or his susceptibility to negative influences, or the existence of fraud. You can also contest the will based on the grounds that it was not legally valid, meaning that it was not properly documented or witnessed.
Have concerns about the fairness of your loved one’s will? Want to contest a trust? Discuss your eligibility for a will contest and alternatives with an Orange County will and trust attorney. Our attorneys will explore all legal options available in your case, and develop strategies to help protect your rights. Call 949-852-8181 to schedule a consultation with a lawyer at our firm.