This post concludes and recaps my series on the process of disputing a California will due to a lack of capacity on the part of the testator. I decided to write on this topic to provide information to those considering bringing a challenge during a San Bernardino probate case. My goal with offering such information has been to help those who find themselves in such a situation to make a more informed decision when selecting an attorney. I cannot stress enough that you must act quickly if you wish to challenge a last will and testament as you only have a limited amount of time in which you may do so.
I have addressed topics over my last several posts which include:
- Whether San Bernardino Courts will strike wills over capacity
- Discovery in will dispute cases
- Attending trial in will dispute cases
It is important for heirs to understand these types of issues. First, an heir may feel they were wrongly cut out of a will but that they have no recourse. By understanding situations in which a Court will grant relief they may in fact find that they have options available. Second, it must be understood that a Court is not going to strike down a will simply because a potential heir thinks there was a lack of capacity. It is necessary to provide objective evidence which allows a Court to decide that the testator was not competent to make a will. Finally, knowing what to expect during the trial process can help one to be better prepared when it is time to present a case in Court.
A final point to stress is that you should retain an attorney who primarily practices probate and estate law if you wish to challenge a last will and testament. These types of cases can be complex. By hiring someone who regularly handles such matters, you help to ensure that your case is properly handled from beginning to end. As a San Bernardino probate lawyer I regularly handle will disputes regarding capacity as well as claims that the will was signed due to undue influence. Contact my office today for assistance.
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.