ESTATE PLANNING & PROBATE SERVICES FOR NORTH COUNTY

Oceanside Will Contests Attorney

We have been confidently guiding San Diego and North County families through the estate planning and administration process for more than 30 years.

 
ESTATE PLANNING & PROBATE SERVICES FOR NORTH COUNTY

Oceanside Will Contests Attorney

We have been confidently guiding San Diego and North County families through the estate planning and administration process for more than 30 years.

ESTATE PLANNING & PROBATE SERVICES FOR NORTH COUNTY

Oceanside Will Contests Attorney

We have been confidently guiding San Diego and North County families through the estate planning and administration process for more than 30 years.

Oceanside Will Contests Lawyer

Settling an estate typically means going through assets, contacting beneficiaries, and reading through the decedent’s will. Although they are supposed to be legally sound, these wills can sometimes be invalid or problematic, causing them to be contested. For those in Oceanside, the legal team with Paul V. L. Campo, Attorney at Law, can help you navigate the will-contesting process.

What Does It Mean to Contest a Will?

Contesting a will occurs when an heir or beneficiary has an issue with a deceased person’s will, either because of the property they receive, because they believe the will to be invalid, or because they believe the decedent was manipulated into creating their last will. Survivors may challenge a trust or will in specific situations under California probate law. A beneficiary may start contesting a will as soon as the decedent passes away. According to the California probate statute, an heir has 120 days to submit an objection to the probate court if the will or trust has already been admitted to probate.

Questions about whether or not a will is legally sound are the primary basis for these claims, especially in cases where the decedent was receiving care towards the end of their life from an individual with no prior work or connection to the decedent who ends up receiving a majority of their estate. California probate laws only allow interested parties to contest a will. The term “interested parties” refers to those who have the legal ability to oppose a will. Any beneficiaries specified in the will, a deceased person’s heirs under California’s intestacy statutes of succession, or creditors to whom the decedent owes money are all considered interested parties.

What Are the Most Common Reasons for Contesting a Will?

Every will contestation is different and depends on the will itself. The person contesting the will needs to prove that the decedent’s wishes were not in line with the stipulations of their will, especially when concerning asset division plans. Some of the most common reasons for challenging a will include:

  • Undue influence. Some people attempt to prey upon the elderly, the disabled, or others who are otherwise at risk of being taken advantage of. California law states that it is illegal for one individual to have an undue influence on another. You can challenge the validity of a will based on fraud or undue influence if you believe that someone or something has improperly influenced your loved one into including a certain provision in their will. Forgery can also be considered an act of undue influence.
  • The decedent was incapacitated when their will was created. A will may be drafted by anybody 18 years old or older in California; however, they must be considered of sound mind and body when doing so. A person’s mental capacity will be assumed by courts until another party can provide evidence to the contrary. You can contest a will if the decedent was under the influence of drugs or alcohol, had dementia, or was otherwise not of sound mind when they made it.
  • There are multiple wills. When creating an estate plan, a will is usually included to list out asset division, and an executor is named and tasked with carrying out final wishes. If there are multiple wills brought up during probate, the beneficiaries of either will can challenge the validity of the other. This can happen in situations where the decedent accidentally created a second will when trying to update their will. In most cases, the newer will is usually accepted by the court as valid.

In some situations, the wills included in these estate plans are already not considered legally enforceable and can be challenged for being invalid because they are not legally recognized by the state. In California, several conditions must be met to create a valid last will and testament. The will must be in writing, signed and dated by the testator in front of witnesses, list out beneficiaries, and be legally precise in its wording. If a will does not satisfy all of these criteria, it can be challenged by both beneficiaries and the court.

Is Contesting a Trust the Same as Contesting a Will?

A trust can be contested in the same way a will can. According to Probate Code § 16061.7, any challenge to a trust that is now the subject of litigation must be made within 120 days of the trustee assuming control over a trust. Contesting a trust in California requires filing a lawsuit and any required documents. The documents as a whole will form the basis of the case. Trust beneficiaries who want to challenge the trust should work with an established probate attorney to improve their chances of success.

Is It Ever Worth It to Contest a Will?

It might be difficult for some to contest a will, especially during probate proceedings, but there are some situations where it is worthwhile to do so. The expenses of contesting a will vary based on the particulars of your case because each will dispute is unique. Nonetheless, legal expenses for most will contests can amount to high legal fees, with typical retainers of $5,000 to $10,000 needed to secure representation. The value of the property you hope to reclaim, the size of the contested estate, and the strength of your defenses against the will’s validity are all important considerations when determining whether it is worthwhile to contest a will.

What Are the Chances of Contesting a Will and Winning?

The likelihood of successfully challenging a will is low; however, for the benefit of your family and loved one’s memory, it can be necessary for following their last wishes. On average, just 0.5% to 3% of wills in the US are challenged, and the majority of these challenges fail. To challenge a will, you must have a good reason. If you think you have a strong case to contest a will, you should still speak with a lawyer to see how likely it is that you would succeed.

A testator’s will may occasionally contain a no-contest provision. This is an optional provision that some will authors may include to deter will disputes. In such circumstances, if your dispute is unsuccessful and you do not get anything from the will, you might be disinherited. A no-contest provision is included in an estate plan to try to prevent it from being contested and to stop beneficiaries from fighting with one another when a loved one passes away. No-contest provisions pose a risk because they may deter beneficiaries from addressing severe estate planning issues out of concern that they may lose their inheritance.

How Much Does It Cost to Contest a Will in California?

The ultimate expenses for will challenges or probate challenges depend on the timeliness, the intricacy of the claim, and the degree of contention between you and any other parties involved. According to financial analysts, the average amount in court fees for a contested will case is expected to cost between $5,000 and $10,000. Sometimes, settling these conflicts might cost more than $10,000, depending on how much court time is needed to resolve the issue.

Just like other legal issues, the price of going to court, especially with longer proceedings that take a long time to settle, will make the overall cost of the filing increase. A family will pay more to settle such issues if the lawsuit gets more complicated and contested. Usually, the estate will have to cover such expenses, which reduces the amount that beneficiaries receive at the close of the estate. However, until the courts make a decision on the case and could potentially pay you those expenses in their judgment, you might have to initially pay part of your attorney’s fees out of pocket.

Do You Need an Attorney to Contest a Will?

It is important to act quickly if you intend to dispute a will. California’s statute of limitations on contesting a will is 120 days after the probate process begins. If you wait until the statute of limitations has passed before contesting the will, you will probably not have any more effective legal choices. Families should always retain the services of a wills attorney for their case rather than squandering time and money. Your lawyer may offer direction throughout the process, boosting the likelihood that your contest will be successful since you will probably have to attend a deposition, give proof to support your allegations, and potentially even appear in court.

Finding an Oceanside Will Contests Lawyer

Dealing with the death of a loved one is hard enough, but when their will appears to be tampered with, or factors of the will make it invalid, challenging it can be the only fair way to settle the estate. Fortunately for those in Oceanside, CA, the estate planning attorney team at Paul V. L. Campo, Attorney at Law, can help you begin the process of contesting a last will and testament. For information on our will contest services and questions about the probate process, visit our website and contact us to schedule a consultation today.



What Our Clients Say | Legal Associations


  • Jason

    “Thank you for your services in managing the probate of my mother’s estate. Your professionalism and fairness are much appreciated.”

    Jason
    Probate Client
  • Patty, California Licensed Professional Fiduciary (CLPF)

    “As a client of Paul’s in my capacity as a Professional Fiduciary, he has guided me through the intricacies of trust administration on many occasions.”

    Patty, California Licensed Professional Fiduciary (CLPF)
    Trust Administration Client
  • Jean

    “Mr. Campo did a great job on my estate planning. He was very thorough and made me aware of several things I hadn’t considered. I highly recommend him.”

    Jean
    Estate Planning/Trust Administration Client
  • Carol, Lt. Col. USMC (Ret.)

    “The service I received goes beyond professionalism. It’s all about caring for my wishes and goals and coming up with the ideal estate plan for me.”

    Carol, Lt. Col. USMC (Ret.)
    Estate Planning Client
  • Del

    “I am very grateful to Attorney Paul Campo and his excellent staff for guiding me through the complex probate process.”

    Del
    Probate Client

What Our Clients Say | Legal Associations


  • Jason

    “Thank you for your services in managing the probate of my mother’s estate. Your professionalism and fairness are much appreciated.”

    Jason
    Probate Client
  • Patty, California Licensed Professional Fiduciary (CLPF)

    “As a client of Paul’s in my capacity as a Professional Fiduciary, he has guided me through the intricacies of trust administration on many occasions.”

    Patty, California Licensed Professional Fiduciary (CLPF)
    Trust Administration Client
  • Jean

    “Mr. Campo did a great job on my estate planning. He was very thorough and made me aware of several things I hadn’t considered. I highly recommend him.”

    Jean
    Estate Planning/Trust Administration Client
  • Carol, Lt. Col. USMC (Ret.)

    “The service I received goes beyond professionalism. It’s all about caring for my wishes and goals and coming up with the ideal estate plan for me.”

    Carol, Lt. Col. USMC (Ret.)
    Estate Planning Client
  • Del

    “I am very grateful to Attorney Paul Campo and his excellent staff for guiding me through the complex probate process.”

    Del
    Probate Client

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