Contested Wills in Santa Rosa, California
In Santa Rosa, 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.
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 Santa Rosa, California?
Courts in Santa Rosa, 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.
To be valid, a will must be a product of the testator's own free will. So, a will that the testator was forced or tricked into making is not valid, if the probate court finds out about the duress or trickery. Of course, wills are normally made many years before a person dies, so how can a person expect to prove duress or fraud if they suspect it? To begin with, it's not easy. It is possible, however. First of all, it's good to have as much documentation of the testator's affairs as possible. Any written statements concerning their desires on this matter will also be very useful, if there are any. Additionally, if the suspect gift is totally out of left field (property is left to someone that you know the testator didn't like, or barely knew, for instance), this might also support your position that the will was invalid. Of course, the testator can leave his or her money to whomever they want, so these facts, by themselves, will not be enough to prove fraud or duress.
Another reason why a will might be invalid is the maker of the will being mentally incompetent at the time the will was made. In order to make a valid will, the person making it must have enough of his or her mental faculties to understand what they're doing, and the consequences of it.
If you successfully contest the will in Santa Rosa, 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.
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Can a Santa Rosa, California Contested Will Attorney Help?
Because this can involve complicated legal issues, and be very emotionally draining, this is not something you want to go at alone. A knowledgeable lawyer in Santa Rosa, California can be very helpful in making sure that this process goes as smoothly as possible.
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Life in Santa RosaSanta Rosa, California is a city in Sonoma County, in the far northern portion of the San Francisco Bay Area. With a population of about 162,000 people, it is the fifth-largest city in the Bay Area.
Santa Rosa's first known permanent settlement came in the 1830s, and it began to grow after California achieved statehood. In 1867, Sonoma County officially incorporated it as a city. The 1906 San Francisco Earthquake essentially destroyed the downtown area of Santa Rosa. In addition to destroying much of San Francisco, that earthquake heavily damaged almost every other city in the Bay Area.
Modernly, Santa Rosa is known for the natural beauty just outside the city, in the form of rolling hills and miles of undisturbed wilderness. Santa Rosa, and the rest of Sonoma County is internationally renowned as a wine-making region, with scores of vineyards and wineries nearby.
If you live in Santa Rosa, California and need an attorney, the chances are good that you'll be able to find one. The thriving and diverse economy of the Bay Area, and Santa Rosa's status as one of the outlying population centers of that area, ensure that Santa Rosa, California lawyers are very sophisticated and well rounded. If you have any type of legal problem, and need help with it, a Santa Rosa, California lawyer is the person to call.