One of the most common reasons a will is disputed is the deceased’s lack of capacity. Several circumstances can lead a California Probate Court to deciding that one lacked capacity when they signed their will. These circumstances may include the testator not being mentally competent or heavily medicated when the will was signed. It is important that you retain quality legal representation regardless of the reason for which you are filing a Will Contest. Contact our San Bernardino lawyer today to schedule an initial consultation. Our attorney is ready to assist you.
San Bernardino attorney assisting California residents filing a Will Contest due to capacity, incompetence, or other issues
Few things are as sad as watching a loved one deteriorate before their death. They may have been suffering from Alzheimer’s disease, other forms of dementia, they may have been on medication, or other issues may have made them without legal capacity to sign a will. If a will was signed under these types of circumstances, and you or a loved one were disinherited, then one may file a dispute. The first step is to file an “Objection to Petition and Will Contest” after the Executor files the Petition for Probate. The discovery process will begin shortly after the Objection is served and the parties may then acquire relevant information and documents such as emails, correspondence, phone records, witness testimony, and more. If settlement cannot be reached, then a trial will be held before a Probate Judge. It is crucial that you hire an attorney who is familiar with this process.
Candice Garcia-Rodrigo is a San Bernardino attorney assisting California residents who wish to dispute a will. She will use your initial consultation to determine your needs, why you feel you were disinherited, and develop a plan to proceed. Evidence we explore may include correspondence and records as well as obtaining statements from witnesses. These witnesses may include family members, friends, caregivers, neighbors, and others. If necessary, we will retain a medical expert to establish the mental state of the deceased at the time the will was signed. The expert will then provide the Court with an opinion on the subject. Candice will take steps to ensure that you are prepared for trial and that you know what to expect as the case moves forward. Contact us online or by telephone today to schedule an initial consultation.
Probate lawyer providing quality service to San Bernardino & Rancho Cucamonga residents disputing a will due to capacity
It can be stressful and upsetting to dispute a will on the grounds of capacity. The last thing you need when facing such a situation is to worry about whether your attorney will be responsive. Candice believes in providing quality service to each and every client of our firm. We strive to quickly return phone calls and emails. We also ensure that clients receive copies of all court documents, that they are copied on correspondence, and that questions are promptly answered. We understand that you are facing a serious situation and our probate lawyer will give you the attention you deserve. 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.
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