Costa Mesa Will Contest Lawyer

Costa Mesa Will Contest Attorney

Losing a loved one is difficult enough without having to deal with a surprise in their will. Sometimes the will needs to be amended or voided entirely due to circumstances beyond your control. Contesting a will in California can be time-consuming and costly, not to mention complicated. If you find yourself in this position, hiring a Costa Mesa will contest lawyer can help ease your burden and help you navigate this complex process with confidence.

How We Can Help

Mark Ross at Ross Law Group, APC, has 21 years of experience in this type of law and is passionate about helping his clients achieve their goals. He is a member of the Trust and Estates Section, so he has extensive knowledge in both will contesting and as an asset attorney.

His deep understanding of the law and his desire to help you are a powerful combination. He prioritizes client satisfaction and pays attention to detail while working hard to make sure your voice is heard.

Contesting a Will in California

Only 46% of the population has a will prepared, and when the will won’t align with your loved one’s values, it might make you question their will. If you believe their will was compromised, you must have solid grounds to contest it in California. Possible grounds are:

• The testamentary, the person who created the will, didn’t have the mental capacity to make the decisions or understand what they were doing. Medical documents or witness testimony could be used to prove this.
• The testator was influenced or otherwise coerced. In this instance, the court might examine the relationship between the testator and the person who influenced them to determine if they could have been influenced.
• Fraudulent circumstances caused the testator to sign either under false pretenses or their signature was forged. If the will is proven to be a fraud, then the entire thing could be void.
• Errors were made while crafting the will, or the executor misinterpreted the will. Evidence like witness testimony and other documentation would be required here.

Once the will has been contested, the burden of proof is on the person contesting the will. Generally, two types of people can contest a will: either the current or past beneficiaries or people who might have inherited had there not been a will.

The steps to contest a will are:

1. File the petition within 120 days of the will being administered.
2. The court schedules a hearing where both parties present their evidence either for or against the will’s validity.

If the court rules in favor of the contester, then the will might be declared invalid either in whole or in part. If not, then the estate will be distributed according to the will, but there is an opportunity to appeal.

Hire a Will Contest Lawyer

Hiring a will contest lawyer is vital because navigating the legal system is complex, and there are ramifications. A Costa Mesa will contest lawyer could:

• Help you understand your rights
• Help you weigh your chance of winning or losing
• Gather evidence
• Interview potential witnesses
• Handle the filing of necessary court documentation on time
• Represent you in the hearing at the Costa Mesa Justice Complex or elsewhere
• Provide informed legal advice

Contesting a will can be stressful and confusing. Having someone who understands the legal process and who can give sound legal advice can make a difference in preparing your case.

FAQs

Q: What Is the Success Rate of Contesting a Will in California?

A: The success rate of contesting a will depends entirely on the circumstances surrounding the will. Sometimes contesting the will is straightforward because there’s evidence that the will wasn’t signed properly or the person who signed it wasn’t of sound mind. If you can prove that the will wasn’t written by the testator or that the signature was forged, then you might have a better chance. It’s important to have strong evidence to support your claims.

Q: What Evidence Is Needed to Contest a Will in California?

A: The type of evidence necessary depends on the reason for contesting the will. If there’s alleged fraud, then you might need witness testimony and document, phone, text, or video evidence that reveals their true intentions. To prove that the person who signed the will wasn’t mentally capable of signing might require medical records and a doctor or psychologist’s expert testimony.

In most instances, expert witness testimony and documentary evidence can provide strong evidence in your favor.

Q: How Long Does It Take to Contest a Will in CA?

A: California allows 120 days from the time the will goes into probate for someone to file a petition to contest a will. After that, the time will depend on the circumstances surrounding the will and the reason for contesting. If the will contest case is particularly complex, then it will take longer than one that might be straightforward. Speak to a will contest lawyer to get a more accurate estimate for your specific case.

Q: What Is the Ideal Way to Contest a Will?

A: To make the process move as smoothly as possible, it’s important to adhere to all of California’s strict deadlines. It’s also important to have solid evidence in your favor since the burden of proof lies with the contester. Having a will contest lawyer on your side is also an ideal way to begin this process because they’ll have an in-depth understanding of the complex will contest laws. They’ll be able to help you navigate this process as smoothly as possible.

Costa Mesa Will Contest Lawyer | Asset Attorney

If you’re preparing to contest a will or are in the process, Ross Law Group, APC, in Costa Mesa, is here to help you navigate the complexities of the legal system and provide a solid support system. Our two decades of experience can give you the confidence you need to move forward. We can not only provide sound legal advice, but we can also help you gather evidence and speak for you in the hearing.

We want to help protect your interests, along with respecting and following through with the wishes of your loved one. To find out how we can serve you, contact our office to schedule a consultation today.