This is the first post in what will be a series on disputing San Bernardino, California wills due to a lack of capacity of the deceased. I have decided to write on this topic because many residents of our area do not know how to proceed when a loved one has passed away and it is believed that the last will and testament should be invalidated. It is imperative that you contact a probate attorney immediately if you find yourself in such a situation.
I will be addressing several topics over my coming posts. Issues I will discuss include:
- Legal grounds on which California Courts will invalidate a will
- Conducting discovery when one is challenging a will due to capacity
- Attending trial in such a matter
- How the Court will proceed if the will is invalidated
There are several reasons why heirs need to understand such issues. First, invalidating a will due to lack of capacity requires a showing of very specific facts; the Court will not strike down the deceased’s wishes simply because the heirs disagree with them. Second, using the discovery process to acquire evidence in such a matter is crucial. Third, it is important to know what to expect at trial as such knowledge will help you to be better prepared. Finally, it is important to know what the Court will do, in the event the will is invalidated, so that one understands how matters will proceed.
If you believe that a probate of a will should be challenged, due to a lack of capacity on the part of the testator, then it is important that you contact an attorney immediately. You only have a certain amount of time in which you can proceed with such a challenge and waiting too long to do so can result in you being unable to challenge the will. Contact my office to speak with a San Bernardino probate lawyer. I 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.