Contested Wills in Los Gatos, California

Find the right Contested Wills attorney in Los Gatos, CA

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

There are many 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 main 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.

You should remember that a will contest commonly results in adversarial legal proceedings, which can be very contentious. Considering the likelihood that other members of your family might be on the other side, it's clear that this can really damage a person's relationship with his or her family.

When Can a Will be Contested in Los Gatos, California?

A court in Los Gatos, California will not entertain a will contest unless there is a very good reason to do so. However, there are some allegations which, if proven, clearly invalidate a will.

For example, a will obtained through duress (a threat of harm, normally 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. However, 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 severely intoxicated, the will is likely to be held invalid by a court, if the underlying facts can be proven.

There are many other facts that might make a will invalid, and thus serve as grounds to contest a will. If a will is successfully contested in Los Gatos, California, and held to be invalid, this normally 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.

Can a Los Gatos, California Contested Will Attorney Help?

Contesting a will can be a complicated, emotional, expensive, and time-consuming process. There is really no way around this. However, a brilliant Los Gatos, California wills and estates attorney can minimize these problems, and make the process as painless as possible.

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

Life in Los Gatos

Los Gatos, California is a city in Santa Clara County, in the southern portion of the San Francisco Bay Area. Its population is currently about 25,000 people. "Los Gatos" is Spanish for "the cats." The name refers to the mountain lions which used to roam the area.

The nearest large city to Los Gatos is San Jose. It is also a fairly short drive from the other major Bay Area cities of San Francisco and Oakland, meaning that residents of Los Gatos, California have access to a wide variety of amenities and job opportunities that these three large, and very different, cities offer.

Being located in the Silicon Valley region of California, several high-tech companies, including Netflix, ImageShack, Cryptic Studios, among others, are headquartered in Los Gatos, California.

Thanks to the presence of companies like those, many national and international law firms have Silicon Valley offices, many of them close to Los Gatos. Of course, you don't need to be able to afford the rates charged by a large law firm to get quality legal representation in Los Gatos, California. There are many quality and affordable Los Gatos, California lawyers who can help you with almost any legal issue you might be facing.

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