Contested Wills in Milpitas, California

Find the right Contested Wills attorney in Milpitas, CA

In Milpitas, California, there is a process through which a person can challenge the validity of a will. This is recognized as a "contested will" or "will contest."

There are numerous reasons why a person might want to contest a will made by a close family member. Sometimes, people will decide to leave money or property to charity, or to other entities who are not closely related. If their family members weren't expecting this, they might assume that something went wrong with the drafting of the will.

If a lot of money, or some specifically valuable property, is at stake, the person who was left out might want to go to court and allege that the will was invalid. When left out of a will, a family member might naturally assume that some kind of mistake has been made, whether this is really true or not.

Nonetheless, this is a matter that should not be approached lightly - will contests can commonly foster strife and infighting within families who are already mourning the loss of a loved one. This can permanently damage or alter family relationships.

When Can a Will be Contested in Milpitas, California?

There are numerous reasons that a Milpitas, California court might hold a will to be invalid.

To be valid, a will must be a product of the testator's own free will. So, a will that the testator was forced or tricked into making is not valid, if the probate court finds out about the duress or trickery. Of course, wills are usually made many years before a person dies, so how can a person expect to prove duress or fraud if they suspect it? To begin with, it's not easy. It is possible, however. First of all, it's good to have as much documentation of the testator's affairs as possible. Any written statements concerning their desires on this matter will also be very useful, if there are any. Further, if the suspect gift is totally out of left field (property is left to someone that you know the testator didn't like, or barely knew, for instance), this might also support your position that the will was invalid. Of course, the testator can leave his or her money to whomever they want, so these facts, by themselves, will not be enough to prove fraud or duress.

Another thing to consider is the mental capacity of the person making the will. If, at the time the will was made, the testator was insane or heavily intoxicated, the will is likely to be held invalid by a court, if the underlying facts can be shown.

If a Milpitas, California will is successfully challenged and thus invalidated, there has to be some system for orderly distribution of the decedent's property. Normally, if a will is held invalid, all of the property will be treated as if the decedent had never written or will. This means that it goes to the decedent's closest living relative, or, if there are not relatives who can be located, the state.

Can a Milpitas, California Contested Will Attorney Help?

Contesting a will is often hard, and never fun. However, the entire process can be made more bearable if you have the help of a reliable Milpitas, California attorney, and the process will probably be much more manageable.

Talk to a Wills, Trusts & Estates Law Attorney now!

Life in Milpitas

Milpitas, California is a city in Santa Clara County. It is a suburb of San Jose, which is the largest city in the San Francisco Bay Area. The current population of Milpitas, California is approximately 67,000 people.

Milpitas, California was incorporated in the 1950s, in order to prevent itself from being annexed by the rapidly-expanding San Jose. Many Milpitas, California lawyers were involved in setting up the city's incorporation.

Nowadays, many residents of Milpitas, California work outside the city, mostly in San Jose. Because of its proximity to Silicon Valley, many residents of Milpitas, California work in the high tech industry. Also, many of the nation's largest law firms have Silicon Valley offices, so there are many extremely successful and sophisticated Milpitas, California attorneys.

However, if you live in Milpitas, California, you won't have to look to a big, expensive law firm for help. There are many experienced, competent, and affordable Milpitas, California lawyers who can help you with almost any legal issue you may face.

Clients Rate LegalMatch Attorneys
(click to read reviews)

Regel B.
Regel B.

Wills, Trusts and Estates

Caldwell, LA

Brad M.
Brad M.

Wills, Trusts and Estates

Sussex, NJ

David L.
David L.

Wills, Trusts and Estates

Ashland, OH