Leading Estate Planning & Probate Attorney Sam Price Explains Who Can Contest A Will And Why – Redlands, CA

Top Estate Planning Attorney R. Sam Price, founder of Price Law Firm, APC in Redlands, CA, provides insight into who can contest a will and the grounds for doing so. For more information please visit https://pricelawfirm.com

Redlands, California, United States – March 5, 2024 —

Benefactors who feel left out or let down by the details of a loved one’s last will could consider launching a legal challenge, said Estate Planning Attorney Sam Price in outlining who can appeal.

For more information please visit https://pricelawfirm.com

The Founder of Price Law Firm, APC, in Redlands, California, said a will can be contested by someone having legal ‘standing’ – someone who believes they are personally affected by the outcome of a will. These could be family members, beneficiaries, business partners, or creditors.

He said: “Initially, seek advice from a lawyer well-versed in contesting wills. They can act neutrally, professionally and without the emotion that may come attached to grieving relatives and family ties. They can assess documents and offer options for a legal challenge.”

There are narrow grounds for contesting a will; whichever is chosen must be backed up with evidence. 

One ground for appeal is that a will is either incomplete or faulty. This can be on technical grounds, such as the will has signatures missing, needs to be signed with the requisite number of witnesses, or essential text missing.

Mr Price said a will drawn up in which the decedent was unduly influenced or pressured into altering it in someone else’s favor or suffered physical, financial or mental abuse to affect them in signing a drastically changed will, are also grounds for contest.

Other grounds for challenge include fraud, forgery, issuing a trust by mistake or revoking a will to execute a new one.

Another potential area for the contest is the lack of mental capacity or an ‘unsound mind’. A valid will is written and signed before a notary public. The person who writes the will must be over 18 and of “sound mind”.

Mr Price said that if there is a belief that the person writing the will is not of ‘sound mind’ and has the evidence to establish that claim, they could challenge the will. In drawing up evidence, a person might have to approach the person’s family doctor or other medical professionals to establish the claim. 

“To pursue a contest, you must file a lawsuit in the Probate or Superior Court. The court may invalidate a will because of the evidence. If the judge rules in your favor, it will be deemed invalid, and the assets will be distributed according to either a previously made will or prevailing intestate succession law,’’ Mr Price explained.

There is a time limit to contesting a will once it has been filed at a probate court, so time is of the essence to explore the legal and potential financial implications if someone has lost the case.

Mr Price concluded: “Contesting a will has to be thought out and with considered evidence. Simply trying to pursue it on the grounds of jealousy or greed will not wash with an attorney, a court or, more to the point, a grieving family.”

Source: http://RecommendedExperts.biz

Contact Info:
Name: Sam Price
Email: Send Email
Organization: Price Law Firm, APC
Address: 454 Cajon Street, Redlands, CA 92373
Phone: 909-488-4110
Website: https://pricelawfirm.com

Release ID: 89122367

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