Contested Wills in Roseville, California
In Roseville, California, there is a process through which a person can challenge the validity of a will. This is identified as a "contested will" or "will contest."
There are numerous 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 specifically 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.
Like any legal matter, however, this should not be taken lightly. Will contests can foster conflict and strife within families who are already mourning a loved one. This can cause grave and irreversible damage to family relationships.
When Can a Will be Contested in Roseville, California?
Of course, a Roseville, California court will not invalidate a will without a very good reason, but there are some cases 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.
Because a testator must know what they are doing in order to write a valid will, the testator must be of sound mind at the time the will is made. Essentially, if a person is unaware of what they're doing, and the consequences of their actions, they can't make a legitimate will. This can be due to mental illness, or intoxication. Of course, if it's a result of intoxication, the testator can simply sober up and then make a perfectly valid will.
So, you've succeeded in contesting the validity of a Roseville, 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.
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Can a Roseville, California Contested Will Attorney Help?
Contesting a will is never particularly easy or enjoyable. However, a reliable Roseville, 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 RosevilleRoseville, California is located in Placer County in the Sacramento region. With the 11th highest retail sales for the state of California, the city is a major shopping destination. Roseville has been named one of the "Best Places to Live" by CNN Money. It has a growing population of over 118,000 and has ranked on the top 100 list for "America's best small cities".
Retail shopping plays an important role in the economy of Roseville, California. The city is home to a number of major retail centers and one of the largest auto malls in the U.S. Particularly, the Westfield Galleria at Roseville is the central shopping center for the city. The Galleria is a high-end shopping mall with popular retail chains and restaurants. Many other shopping centers are located throughout the city.
In addition to shopping, Roseville is an ideal location for housing, employment, and recreation. The Roseville Theater Arts Academy and the Blue Line Gallery are some favorite spots for entertainment and art-centered events. The city also hosts a number of community events and sports activities for residents. Roseville's Golfland SunSplash is a popular water park that draws many people during the warmer seasons.
Lawyers in Roseville, California practice law in a number of fields and handle many kinds of legal matters. Roseville is close to Sacramento, the state capital of California. Many Roseville lawyers assist their clients at the capital or at the Superior Court Santucci Justice Center Courthouse, located in Roseville.