Contested Wills in Auburn, California
In Auburn, 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 frequently 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 Auburn, California?
Of course, a Auburn, 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, a will obtained through duress (a threat of harm, usually physical) is invalid. Of course, duress is very difficult to prove after the fact, and the issue may not even come up until many years after it allegedly occurred, making proof even more difficult. Nonetheless, if the named beneficiary was in some type of position of power or trust with respect to the decedent, and is not someone who one would normally expect to get a large gift in a will (they're unrelated to the testator, for example), those facts alone might be enough to raise the suspicion of impropriety. Of course, those facts by themselves are not 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.
There are many other facts that might make a will invalid, and therefore serve as grounds to contest a will. If a will is effectively contested in Auburn, California, and held to be invalid, this usually results in the property being distributed as if the decedent had died intestate (without a will). This means that it will usually go to the decedent's closest living relative.
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Can a Auburn, 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 Auburn, California attorney, and the process will probably be much more manageable.