It is sad that disputes occur after a loved one passes away. These disagreements may involve a last will and testament or a codicil drafted after the initial will was signed. It may be that one was wrongly disinherited, otherwise cut out of a will, or may have had their inheritance reduced. While these situations may leave one feeling angry or helpless, the fact is that California law provides for recourse. It is crucial that you seek legal representation if you believe you have been wrongly disinherited. Our San Bernardino probate lawyer assists with disputing last will and testaments throughout the Inland Empire and other parts of California. Contact us today to speak with an attorney.
Probate attorney aggressively helping San Bernardino residents in matters where they were cut out from a will
One who has been wrongfully cut out of a will can rest assured that they have options. An important step in such a situation is to challenge whether the will is valid. California law allows for a will to be invalidated under several circumstances. Situations in which a will can be found invalid include:
- Challenging a will due to lack of capacity of the deceased at the time the document was signed
- Disputing a will signed under duress by the deceased
- Showing that the deceased was under other undue influence at the time they signed the will
- Disputing a will due to defects in the document, such as it not being properly witnessed
- Disputing a will for reasons such as fraud
Disputes of a California will (known as a “Will Contest”) are filed with the Probate Court after the Petition For Probate is filed by the executor. The document commonly filed to initiate the dispute is known as an “Objection to Petition” and it is served along with a Summons. The litigation process will begin shortly thereafter. It is crucial that you hire an attorney who is familiar with the process.
After the Will Contest has been served, discovery, the process by which information is gained from the other side, will begin. Discovery provides you with the opportunity to obtain written records such as emails, letters, bank documents, etc. It is also possible to obtain written answers to questions as well as sworn testimony from relevant witnesses. Once discovery is completed, the case will proceed to trial, which is known as a “contested hearing,” if settlement cannot be reached.
Our San Bernardino probate dispute lawyer aggressively protects the interests of those filing a Will Contest. Once retained we will immediately open your case file and will typically have your initial documents ready for filing within a few days. We will use your initial consultation to determine your needs and to give you an honest assessment of your case. We will use the discovery process described above to ensure that necessary information is obtained and we will keep you up to date throughout the process. Should your case go to trial we will ensure that you know what to expect, that you are prepared to testify, and that matters proceed as efficiently as possible. We understand that this is a stressful time and we are here to help. Call today to speak with our attorney. We also service Rancho Cucamonga, Fontana, Ontario, Victorville, Rialto, Hesperia, Chino, Upland, Apple Valley, Redlands, Highland, Colton, Yucaipa, Montclair, elsewhere in the Inland Empire, as well as Los Angeles.
San Bernardino lawyer providing quality service to those disputing a will
The most common complaints about attorneys are lack of communication and poor service. Candice Garcia-Rodrigo founded our office on the idea that you should not have to worry about your attorney’s performance. We strive to return all emails and phone calls either the same day or within one business day. We ensure that our clients receive copies of Court documents and correspondence. After each hearing, we also ensure that you understand the next step in the process. Our office is ready to assist you.
All cases must be properly reviewed prior to determining applicable law and likely conclusion.