Contested Wills in Burbank, California
In Burbank, 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 various 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 the decedent was fairly well-off, their will might involve a great deal of money or property. This is one of the general reasons, besides a general sense of exclusion, that a family member might expend the great deal of time and money necessary to contest a will.
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 Burbank, California?
Of course, a Burbank, California court will not invalidate a will without a very good reason, but there are some instances which render a will clearly invalid.
For instance, a will which was not made under the testator's own volition and free will is not valid. This means that the testator must be acting voluntarily throughout the entire process of making his will. Thus, a will made under duress (force, or threat of force) will not be given effect. In order to show duress, you generally need to first prove that the person named in the will was in a position of trust and power over the decedent, and that they are an "unnatural beneficiary" (someone who you would not normally expect to receive a gift under a will, usually because they are not related to, or close friends with, the testator). These facts, taken alone, are never enough to definitively prove that duress occurred. They are, however, usually enough to suggest that something strange is going on, and warrant further investigation.
Another fact that might invalidate a will is the mental incompetence of the testator. Wills must be a product of a person's volition. A will cannot be honestly voluntary unless the testator knows what they're doing. Therefore, if the testator is mentally incompetent at the time he or she makes the will, the will cannot take effect. You should be aware, however, that this test applies at the time the will is made. So, if the testator is not mentally competent at the time of death, but was when the will was made, the will is valid.
So, you've succeeded in contesting the validity of a Burbank, California will. What happens to the property that was going to be distributed according to its terms? Typically, when a will is declared void, the decedent's assets will be treated as if he or she had died without a will. This is known as "intestacy." Normally, this simply means that the assets will be passed on to their owner's closest living relative, usually a spouse, children, siblings, or parents. If absolutely no relatives can be found, the property is passed to the state. If there is a previous will, which was revoked by the invalid will, a court might revive the old will. If the new will was found to be completely invalid (rather than just parts of it), it follows, then, that the revocation of the old will is invalid as well. Thus, the old will can be given effect.
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Can a Burbank, California Contested Will Attorney Help?
Contesting a will is never particularly easy or enjoyable. However, a seasoned Burbank, California attorney can help take some of the burden off of you, and handle some of the most difficult aspects of this process.
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Life in BurbankBurbank, California is known as the "Media Capital of the World". It is only a few miles away from Hollywood and is home to the headquarters for many entertainment and media companies. Burbank has a population of about 104,000 and was named after David Burbank, an entrepreneur. Many famous movie and film celebrities have resided in Burbank.
Burbank's economic and social life is supported primarily by the entertainment industry. Companies that have headquarters or major productions studios in the city include: Warner Music Group, Warner Bros. Entertainment, The Walt Disney Company, Nickelodeon, ABC, NBC Universal, and Cartoon Network Studios. Burbank is considered to be a nucleus for the Southern California entertainment and media industry.
Burbank has one of the most famous downtown districts in the country. In fact, the city of Burbank has often been referred to as "Beautiful Downtown Burbank". Downtown Burbank features a diverse mix of fine dining, high-end shopping, and entertainment attractions. Burbank Mall is a popular shopping destination for visitors to the area. Several other similar shopping centers can be found throughout Burbank.
Lawyers in Burbank, California often assist their clients at the Burbank Courthouse. The Courthouse handles a very broad range of legal claims. Burbank lawyers are available to advise those who need legal advice or assistance.