Contested Wills in San Juan Capistrano, California

Find the right Contested Wills attorney in San Juan Capistrano, CA

In San Juan Capistrano, 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 several 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.

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 severe and irreversible damage to family relationships.

When Can a Will be Contested in San Juan Capistrano, California?

Courts in San Juan Capistrano, California will not let a person contest a will unless they have an excellent reason. There are, however, some allegations which will always invalidate a will, if they are proven.

For example, if the will was obtained through duress (threat of some kind of harm), then it is invalid. Duress, however, is difficult to prove. If a named beneficiary was in some position of power or trust with the decedent, and is not someone who one would ordinarily expect to get a large gift in a will, that might raise substantial initial suspicion of something improper happening. Of course, those facts alone are not nearly enough to prove duress.

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.

If you successfully contest the will in San Juan Capistrano, California, the court will likely distribute the property as if the decedent had died without a will. This usually involves giving it to the closest living relative. While the exact intestacy schemes (the order in which property is distributed to relatives) vary from state to state, they are usually pretty similar. If possible, the property will go to the decedent's spouse, and if the decedent has any minor children with that spouse, it is with the understanding that the money will be used primarily for their care. If the decedent did not have children or a spouse (or outlived them), the property typically goes to the decedent's parents. If neither of them are alive, it goes to grand children, grandparents, or siblings. After that, it typically goes to cousins, nieces/nephews, step-children, former spouses, etc. Intestacy laws provide a line of succession long enough that just about anyone will leave at least one person behind who is entitled to inherit from them, even if they're an extremely distant relation. Sometimes, however, people make multiple wills, to account for the many personal and financial changes that typically happen during a person's life. Typically, the most recent will purports to revoke all past wills, to avoid any conflict between them. In such cases, if a will is entirely invalidated, a court can sometimes revive the second most recent will.

Can a San Juan Capistrano, California Contested Will Attorney Help?

Contesting a will is often challenging, and never fun. However, the whole process can be made more bearable if you have the help of a knowledgeable San Juan Capistrano, California attorney, and the process will probably be much more manageable.

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

Life in San Juan Capistrano

San Juan Capistrano, California is a city located in Orange County with an approximate population of 33.826 people. This small city is filled with a lot of history. It was created around Mission San Juan Capistrano. Therefore, the city has a lot of building which complement a Spanish style architecture.

San Juan Capistrano is a beautiful suburb filled with million dollar homes, gated communities, hills, and ranches. It seems like heaven on earth! Popular attractions include the Mission San Juan Capistrano, Mission Basillica San Juan Capistrano, Trabuco Creek, El Adobe de Capistrano, The Depot, and Los Rios District.

Being located in Orange County, residents have no problems finding competent attorneys for their legal needs. Orange County is home to many law firms of all sizes, practicing in all areas of law.

Overall San Juan Capistrano residents are blessed with a strong legal force, gorgeous community, and wonderful quality of life.

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