Contested Wills in Anaheim, California
In Anaheim, California, there is a process through which a person can challenge the validity of a will. This is known as a "contested will" or "will contest."
A will is usually contested when a family member who expected to inherit a large amount of money or property are disappointed with the contents of the will, particularly if the testator's motives are not clear. They will usually assume that the will must be a forgery, or a result of fraud or force.
If a large amount of money or property is being given away, the person left out of the will could rationally conclude that the cost and time of a court challenge is worth it.
As with the initiation of any other legal proceeding, contesting a will is a big decision. It can be time-consuming and costlye. It also has the possibility to damage family relationships and foster strife among individuals who are already mourning the loss of a loved one.
When Can a Will be Contested in Anaheim, California?
Of course, a Anaheim, California court will not invalidate a will without a very good reason, but there are some situations which render a will clearly invalid.
For instance, if the will was obtained through duress (threat of some kind of harm), then it is invalid. Duress, however, is difficult to prove. If a named beneficiary was in some position of power or trust with the decedent, and is not someone who one would ordinarily expect to get a large gift in a will, that might raise significant initial suspicion of something improper happening. Of course, those facts alone are not nearly enough to prove 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 Anaheim, California will is successfully challenged and thus invalidated, there has to be some system for orderly distribution of the decedent's property. Usually, 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.
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Can a Anaheim, California Contested Will Attorney Help?
Contesting a will is often difficult, and never fun. However, the entire process can be made more bearable if you have the help of a qualified Anaheim, California attorney, and the process will probably be much more manageable.
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Life in Anaheim
Anaheim is a city in the famed Orange County, California. It has the 10th highest population in California and the highest in the entire county. The booming Platinum Triangle is known for the abundance of amenities like 3 theme parks including Disneyland. In fact, the Disneyland Resort is the city's main source of tourism and employment. Some companies with Anaheim headquarters include the Anaheim Memorial Medical Center, AT&T, Banco Popular, the parent company of Carl's Jr. and Green Burrito named CKE Restaurants as well as that of Fisker Automotive. Fisker Automotive currently offers some of the best and most attractive electric cars on the market. Owner and designer Henric Fisker is responsible for the designs of other companies like Aston Martin's DB9 and Vantage as well as James Bond's BMW Z8.
Anaheim is home to the NHL Ducks professional hockey team and the Anaheim Angels professional baseball team who won the world series in 2002. There's also an outstanding convention center that attracts business visitors to Anaheim. Anaheim is a popular Los Angeles suburb because it has a relatively low crime rate and outstanding attractions. The Grove of Anaheim, or "The Grove," is a famous venue that hosts a wide variety of events including music and comedy acts like the Blue Collar Comedy Tour and Rob Zombie. Anaheim is also the home to a number of notable celebrities like Tiger Woods and Gwen Stefani.
Given its rapid population and economic growth, Anaheim, California lawyers are on the cutting edge of emerging legal fields, but also well-versed in the more "classic" legal fields - dealing with legal issues that ordinary people are likely to face. On top of this, Anaheim is a short distance from the University of California, Los Angeles, and the University of Southern California. Each of these universities has a very well-regarded law school, turning out high quality lawyers every year.
If you are in the area, and have a legal issue, you would do well to give an Anaheim, California lawyer a call.