It can hurt a great deal when one is disinherited from a will. That hurt can quickly turn to anger if it is learned that the disinheritance was due to undue influence or duress exerted upon the deceased. Undue influence or duress can come in many shapes or sizes. Your loved one may have been physically threatened, harassed, or placed in another position that made them feel as if they had to sign a will. California allows heirs to challenge a will signed under such circumstances. Our San Bernardino attorney assists heirs in Rancho Cucamonga and elsewhere who have been wrongly disinherited. Contact us today to speak with a probate lawyer.
San Bernardino probate lawyer aggressively litigating disputes of a will signed under undue influence or duress
A California last will and testament may be invalidated if it was signed under undue influence or duress. Such matters will be heard by the Probate Court. The first step of challenging the will is to file an “Objection to Petition and Will Contest” after the Executor opens probate. It will then be necessary to gather evidence of threats, harassment, blackmail, or other forms of duress inflicted on the deceased. This can be done through a process called “discovery.” Counsel can assist with obtaining emails, correspondence, phone records, financial records, and other information showing a pattern of behavior. After discovery has been completed, if the matter has not settled, then the case will proceed to trial before the Probate Judge. Conducting discovery and trial in such matters can be highly complicated and it is crucial that you retain an attorney experienced in such matters.
Candice Garcia-Rodrigo is a probate lawyer who aggressively litigates disputes of wills signed under undue influence or duress. Once retained our office will immediately begin work on your case. We will identify relevant dates and calendar them immediately. We will ensure that your initial documents, such as the Objection, is filed quickly (typically the same week). Once the Objection has been served we will promptly commence discovery so that the case can move along as quickly and efficiently as possible. We will also file any necessary Motions to freeze assets and to protect the estate from waste. Candice will ensure that you are prepared for trial and know what to expect as the matter moves forward. We understand that you are in a serious situation and we take it seriously. Call our San Bernardino area office 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 attorney providing regular client communication during probate disputes
One of the most common complaints against attorneys is that they fail to stay in contact with their clients. Our lawyer makes communication a priority and our office prides itself on providing a high level of service. We return all emails and phone calls within one business day (if not the same day). Clients of the firm are copied on correspondence and receive copies of all documents filed with the Court. Most importantly, we make ourselves available to answer your questions. Call today.
All cases must be properly reviewed prior to determining applicable law and likely conclusion.