San Marcos Will Contests Lawyer

Contesting a will can be overwhelming. When you live in an area as beautiful as San Marcos, you’d rather be golfing at the Lynx Golf Course or enjoying a meal at the Lakehouse Resort than facing the challenge of contesting a will at the Superior Court of California. A skilled San Marcos will contests attorney can represent your interests through litigation or mediation.

Hire a Will Contests Attorney

Challenging a will can be a lengthy and emotionally draining experience. Having a trusted will contests attorney to guide you through the process can help ease the burden. When you hire a will contests attorney, look for one who values listening to clients. Paul V. L. Campo Attorney at Law has dedicated over 30 years to helping North San Diego County residents with all manner of will mediation and litigation.

Wills and Other Estate Planning in the United States

To gather information on the

use of wills in the United States, Caring.com partnered with YouGov. Since 2015, a yearly survey has been conducted looking at the number of Americans who have a will or other estate planning documents. Some key takeaways for 2025 include:

• 24% of respondents had a will
• 13% of respondents had a living trust
• 4% of respondents had other estate planning documents

• Retirement
• Death of a loved one
• Medical diagnosis or health concern
• Home purchase or other significant asset
• Family expansion through marriage or the birth of a child

Of the respondents who had a will, those who updated their will in the last five years did so because:

• Family expansion through marriage or the birth of a child
• Loss of a spouse through divorce or death
• Decrease in wealth or number of assets
• Increase in wealth or number of assets
• Diagnosed with a medical condition
• Executor or beneficiary's death
• Upcoming medical procedure

Probate Process

After a loved one has passed, if they had a will, it is reviewed by a judge during probate. Probate allows for the decedent’s debts to be paid through their estate and their remaining assets to be distributed to their heirs. A legally binding will allows for the decedent to make their wishes known during the probate process.In California, the probate process generally takes no longer than a year, but the personal representative can request an extension to 18 months under certain situations. When a will is contested, it can increase the time probate takes. Contests to the will must be filed in probate court within 120 days of the date the will was admitted.

Grounds to Contest a Will

A will can only be contested by a person who has a personal financial stake in the outcome of probate. Also, a will can only be contested under specific circumstances. These circumstances are outlined in the California Probate Code as follows:

• Lack of testamentary capacity. A lack of testamentary capacity challenge claims that the creator of the will lacked the mental capacity to either understand the nature of their actions, the property included in the will, or the individuals named in the will.The person who contests under a lack of testamentary capacity has to prove that the decedent did not understand the significance of their actions or that they did not have the capacity to make rational decisions.
• Undue influence. The undue influence challenge claims the decedent’s will was created through the coercive actions of another person, counter to the decedent’s actual wishes.When claiming undue influence, the objector must prove that the decedent had the capacity to be easily influenced, that the person accused of exerting influence had the opportunity to do so, that the new will changed previously established wishes, and that the accused benefited from the changes.
• Fraud. A fraud challenge claims the accused influenced the decedent to create or change a will under fraudulent circumstances. A fraud claim may also challenge the authenticity of the will's signature or the will itself.To prove a fraud claim, the objector has to provide evidence that the decedent was unduly influenced by the fraudulent information.
• Duress. A challenge under duress claims that the decedent created or changed their will under the use of or threat of harm.Proving a claim of duress involves providing evidence that the decedent was subjected to harm or feared being subjected to harm, which influenced them to create or change their will against their wishes.
• Mistake. Challenging a will because of a mistake often involves a claim against a specific section of the will. The objector believes the decedent made a mistake when drafting that section of the will.To prove a mistake was made, the objector often argues that the wording of the will does not reflect the decedent’s actual intent.
• Improper execution. A will is valid in California only when it is signed and witnessed by two neutral parties. If a will is not drafted and completed in accordance with specific requirements, it leaves room for contest. These requirements are only waived under specific circumstances.An objector can argue that a will is invalid if it was not properly signed under the supervision of a notary or by two witnesses who do not have a stake in the contents of the will.
• Revocation. A revocation challenge may arise when the decedent has a more recent will than the one filed with the court.To prove a revocation challenge, the objector has to produce a more recent will that meets the California requirements for a valid will.

Evidence Used to Contest a Will

When an objector contests the validity of a will, they bear the burden of proof. Common types of evidence used to support or object to a contestation include:

• Medical records
• Professional testimony
• Testimony of the witnesses of the will
• Testimony of the decedent’s family or friends
• Financial records
• Documents or letters

Contact Paul V. L. Campo Attorney at Law

Contesting a will can be challenging. A knowledgeable will contests lawyer can help determine if there are grounds for a challenge and then arrange for mediation or litigation. Contact Paul V. L. Campo Attorney at Law today to schedule an initial consultation.