Contested Wills in Norwalk, California

Find the right Contested Wills attorney in Norwalk, CA

In Norwalk, California, there is a procedure through which a person can challenge the validity of a will. This is identified 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 a lot of money, or some particularly 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 directly true or not.

However, this is a matter that should not be approached lightly - will contests can frequently 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 Norwalk, California?

Of course, a Norwalk, California court will not invalidate a will without a very good reason, but there are some cases which render a will clearly invalid.

For example, 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. Therefore, 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 really voluntary unless the testator knows what they're doing. Accordingly, 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 Norwalk, California will. What happens to the property that was going to be distributed according to its terms? Usually, 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." Typically, this simply means that the assets will be passed on to their owner's closest living relative, normally 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. Consequently, the old will can be given effect.

Can a Norwalk, California Contested Will Attorney Help?

Contesting a will can be a perplexing, emotional, expensive, and time-consuming process. There is really no way around this. However, a knowledgeable Norwalk, 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 Norwalk

Norwalk is a suburb located in Los Angeles County, California. It boasts a population of over 105,000 people and is the California's 58th most populated city. The economy of Norwalk, California is driven largely by retail and entertainment business. Its location close to Los Angeles makes it a popular place for living and recreation.

The city of Norwalk emphasizes the development of arts and culture. For example, Norwalk operates an "Art in Public Places Program", which places internationally- recognized high-caliber sculptures on display throughout the city. The Program is intended to raise awareness of art in Norwalk while at the same time beautifying the city. Due to its artistic appeal, many films and television shows were filmed in Norwalk, such as the Karate Kid, CHiPs, and Monk.

Norwalk is an important city for lawyers as it is home to the Los Angeles County Registrar and Recorder. The Registrar's office has jurisdiction over matters like voter registration and marriage license issuance. It is also responsible for recording legal documentation of real property as well as birth, death, and marriage records. The office services over 2,000 customers per day and maintains over 2 million personal and real property documents.

Lawyers in Norwalk, California are available to assist clients with many different types of legal issues. Norwalk lawyers can provide help for persons filing with the Registrar's office. They also process many legal claims at the Southeast District of the Los Angeles County Superior Court, which is located in Norwalk.

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