How Can a Will Contest Attorney Help You?
How Can a Will Contest Attorney Help You?
Although seeking legal assistance can seem daunting, there are numerous reasons to set aside your concerns and consult with an experienced will contest lawyer.
Were you wrongfully excluded from a parent’s will?
Was a loved one coerced into altering their will?
Could a relative’s will be a forgery?
Does a will provide a caretaker with a substantial gift?
Is someone challenging your right to the property you were left in a will?
If you answered yes to any of these questions, it is crucial you get in touch with a will contest lawyer as soon as possible to determine next steps, as you may have cause to contest the will at issue.
One of the best ways to honor a loved one who has passed is to do everything in your power to uphold their known final intentions. If their will fails to reflect their known intentions, a will contest attorney can try to help you make things right. Moreover, they can help you navigate any challenges that arise along the way.
From effectively presenting your reasons for contesting a will to the court to accumulating evidence to support your claim, your will contest attorney can take the burden of proving your case off your shoulders, providing you with peace of mind during your difficult time.
More importantly, a will contest lawyer can be your greatest advocate and significantly improve your odds of securing a favorable outcome in your will contest.
Remember, the chances of successfully contesting a will are generally not very high, so while there is nothing in the law to stop you from completing the steps of the contest process without help from a will contest lawyer, we would not recommend it — and we’re not just saying that because we’d love to work with you!
There are many nuanced rules pertaining to will contests that only an experienced will contest lawyer will know. And being that there is a strict statute of limitations for contesting a will, you may not have the luxury of time to work these nuances out.
If the potential cost of contesting a will is what concerns you, ask your will contest lawyer if they have any tricks up their sleeves to keep costs minimal. That said, don’t decide against pursuing a contest merely on the basis of cost; instead, request a free consultation with our legal team to discuss the specifics of your case and budget-friendly options for resolving it.
Tell us about your trust or will contest issue. We’ll be in touch soon.
Is Contesting a Will Always Possible?
Before addressing the question of whether contesting a deceased person’s will is always possible, it’s important to address what a will contest is.
A will contest is a petition that challenges the validity of a last will and testament. It is brought because the document in question fails to accurately reflect the known final intentions of the will creator (called the testator).
Now that we’ve covered this basic definition, we’ll return to answering the question at hand. While it is possible to contest a deceased person’s will, it’s not always possible.
To contest a trust or will, you need the following:
- Standing
- Grounds
Standing means you have a financial stake in the outcome of the matter. In other words, if you stand to receive a greater inheritance than what you’re receiving under the current will as a result of winning your contest, you have standing.
Parties with standing in will contests generally include beneficiaries, beneficiaries under prior versions of the document (if there are any), heirs and sometimes creditors.
Grounds, on the other hand, refer to your reasons for bringing a contest. If you are seeking an attorney to contest a will because you believe you’re deserving of a greater inheritance, you would not meet the grounds requirement for bringing a contest. Conversely, if you are seeking to bring a contest because you believe the will at issue is a forgery, you may meet the grounds requirement for bringing a contest.
If you’re unsure whether you have standing or whether you can contest a will on a particular ground, you may wish to consult with a will contest attorney, who can provide further guidance.
Valid grounds for contesting a will include:
- Undue Influence
- Lack of Capacity
- Elder Abuse
- Fraud
- Forgery
- Lack of Due Execution
- Mistake
- Revocation
If you’re unsure whether you have standing or whether you can contest a will on a particular ground, you may wish to consult with a will contest attorney, who can provide further guidance.
What Will Contest Attorney Services Does Keystone Offer?
Will contests can be stressful to navigate. You will need to file formal documents with the court, and later, present convincing arguments to the judge. There also could be additional steps in between.
Regardless of how complex your case is, a will contest lawyer will have the experience, knowledge and skills to build a compelling argument on your behalf so you can have the best possible chance of success.
Below are some of the types of cases Keystone’s contested wills attorneys handle.
Contesting a Will
When someone says they are contesting a will, it means they are asking the court to invalidate the document.
The most common scenarios our will contest attorneys see include:
- The decedent signed their will when they lacked the necessary mental capacity to sign the document.
- A person living with or managing the finances of a vulnerable elder used their position to exert undue influence, persuading the elder to change their will to disproportionately favor them.
- The attorney who prepared the will is different from the longtime attorney of the deceased, or worse, they are the person who benefits under the new will they themselves prepared.
- The deceased had been intentionally deceived into signing a will, or the document they were signing had been intentionally misrepresented.
Defending a Will
When someone is contesting a will, it may fall upon certain parties, such as the executor or administrator of the estate or beneficiaries to defend the contest.
Complications requiring a firm grasp of the law are likely to arise when defending a contest, which is why it’s essential to have a wills contest lawyer in your corner.
Common questions our will contest lawyers answer for clients involved in such matters are:
- What are my obligations as an executor during a will contest?
- Is a beneficiary under a prior version of the will entitled to contest the document?
- Can I contest a will if it contains a no-contest clause?
- Can I use estate funds to pay for a will contest lawyer to defend the contest?
- Are there any situations in which the executor should not get involved in a contest, instead allowing the beneficiaries and heirs to litigate amongst themselves?
Invalidating Gifts to Disqualified Persons
Will contest lawyers can help identify and invalidate gifts to “disqualified persons.”
When a disqualified person is left a sizable gift in a deceased person’s will, they generally are presumed to have exerted undue influence on the deceased because of the position of trust and confidence they had in the deceased person’s life.
As a result, the burden of proof generally rests with disqualified persons in such cases. They will only receive the gift they were left if they successfully show they did not employ any wrongful tactics to be left the gift.
Below are categories of people (along with their family members, employees and cohabitants) who may be considered “disqualified”:
- Caregivers
- Drafters of wills and trusts (e.g., attorneys, estate planners)
- Fiduciaries (e.g., powers of attorney, conservators) who played a role in preparation of a will
Enforcing the Rights of Spouses, Children and Unmarried Couples
If a deceased person’s surviving spouse, child or unmarried partner is left out of their will, it doesn't necessarily mean they aren’t entitled to an inheritance. A will contest lawyer can help clarify what their rights are and enforce them.
Below are the inheritance rights a deceased person’s spouse, children and unmarried partners may have:
- A spouse who is omitted from their deceased spouse’s will may not only have inheritance rights, but they may have community property rights as well, which would entitle them to 50% of all assets acquired over the course of their marriage (with some exceptions), regardless of the terms of their deceased spouse’s will.
- Children who were born after their parent signed their will, or who were mistakenly excluded, may also be entitled to an inheritance.
- Unmarried partners of deceased persons, particularly those involved in long-term cohabiting relationships, may have certain contractual rights to inherit from each other’s estates.
Why Choose the Will Contest Attorneys at Keystone Law Group?
As we’ve already discussed, winning a will contest is no easy feat. Unless clear or convincing evidence is presented to demonstrate the contrary, the court regards the most recent version of a deceased person’s will to be valid, and therefore, defaults to upholding it.
Due to the challenges involved in contesting a will, it is crucial to work with qualified lawyers for contesting wills who not only are experienced in probate matters but in litigation as well.
There are countless law firms across California that fit the bill, so why should you choose the will contest attorneys at Keystone Law Group to represent you? Continue reading to find out.
Our Singular Focus on Probate Litigation and Administration
Did you know that Keystone is one of the few law firms that exclusively dedicates its practice to probate litigation and administration matters?
Most law firms that handle probate matters primarily concentrate on estate planning, which means their expertise in probate is not as specialized as that of Keystone’s will contest lawyers, who live and breathe probate.
As a result of Keystone lawyers’ singular focus, they have developed an unmatched mastery of their field, which consistently has led to their being recognized for their achievements by top legal publications.
When you work with a Keystone will contest lawyer, you can rest assured that your case will be in the best possible hands.
If it becomes necessary to sell the conservatee’s property, a conservator lawyer can help you secure the necessary permission to move forward with the conservatorship sale or auction.
Our Proven Track Record of Success
The Keystone team boasts an impressive track record of success.
Our experienced lawyers for contesting wills are known for consistently delivering favorable outcomes, even when the odds are stacked against their clients. Their priority is upholding their clients’ inheritance rights, as well as the final intentions of the deceased.
Many of our victories can be attributed to our lawyers for contesting wills never taking shortcuts. We always go the extra mile to secure for our clients the outcomes they not only desire but deserve.
Our dedication to client success guarantees that we will handle any legal challenge you may face with skill and precision. Let us leverage our proven successes to help you.
Our Will Contest Attorneys’ Broad Spectrum of Experience
Although Keystone’s will contest lawyers exclusively practice probate litigation and administration, they originate from diverse backgrounds. As a result, each of our will contest lawyers brings a unique skillset to the table.
They say two minds are better than one; at Keystone, you’ll benefit from an entire team of top legal minds, with each lawyer contributing insights from their professional experiences.
Keystone’s lawyers for contesting wills are adept at handling all varieties of probate matters. Trust our team to provide the expert guidance and support you need to successfully navigate your legal matter.
Our Firm’s Boutique Atmosphere
Despite being the largest probate litigation and administration firm in California, Keystone works hard to maintain its boutique atmosphere to ensure every client receives the personalized attention they deserve. We are exceptionally responsive, answering your questions promptly and addressing your legal matters with the utmost priority.
At larger firms, clients often report feeling like just another case number. Keystone, however, prides itself on fostering a welcoming environment and individualized experience for every one of its clients.
Our dedicated team takes the time to understand your unique needs and concerns, which in turn allows them to provide solutions that are tailored to the results you seek. These personal touches not only make our clients feel valued, but they build enduring relationships based on mutual trust and appreciation.
You are more than just a client to Keystone; you are part of our family. Our twill contest lawyers are committed to approaching your legal matter with compassion, professionalism and expertise to help you obtain the outcomes you desire.
Who Do Our Lawyers for Contesting Wills Represent?
Keystone’s will contest lawyers are experienced in representing all varieties of clients.
Any party falling under one or more of the categories below would benefit from the counsel of a Keystone will contest lawyer. Our experienced lawyers for contesting wills can not only streamline any necessary legal procedures, but they can help you navigate the process of contesting a will and enforce your rights during it.
Our will contest attorneys help heirs and beneficiaries who either have been excluded from a will completely or whose shares have been reduced or eliminated by a new will.
Spouses
Our will contest attorneys help surviving spouses who have been wrongfully excluded from a will or whose community property rights have been violated by a will.
Our contested will and probate lawyers counsel executors and administrators about the role they should play in will contests. When necessary, they can help them to bring or defend will contests.
Our will contest attorneys help creditors whose right to collect repayment of debts from an estate or trust has been adversely impacted by the provisions of a debtor’s will.
Case Studies: Our Will Contest Lawyers’ Successes
It is no easy feat for an attorney to contest a will. Luckily, Keystone’s will contest attorneys have successfully handled countless cases involving contested wills and are equipped to handle virtually any will dispute that comes across their desks.
Our team of lawyers for contesting wills has the knowledge and experience needed to obtain for you the outcome you desire for your legal matter, as the following case studies illustrate.
Girlfriend’s Sketchy Plan to Inherit Partner’s Assets Fails
In this case, Keystone represented the child of a decedent in bringing an elder financial abuse action against his father’s girlfriend.
At a time when the decedent had been incapacitated and highly vulnerable due to advanced Alzheimer’s disease, his girlfriend systematically changed the beneficiary designations on his retirement accounts and life insurance policy, making herself the sole beneficiary, to the detriment of the decedent’s three children.
She also arranged for the preparation and execution of the decedent’s estate planning documents, including his will, which named her as the sole beneficiary, contrary to the decedent’s longstanding testamentary intention to provide for his children.
Less than one month after the decedent allegedly signed the estate planning documents, the girlfriend had two of the decedent’s doctors declare the decedent to be mentally unfit to make financial and medical decisions, which subsequently allowed her to control the decedent’s finances and personal affairs through a power of attorney and healthcare directive that named her as his agent.
After the decedent’s condition deteriorated further to the point he could no longer drive, use a computer or phone, or leave the house, his girlfriend began isolating him, pushing family members away and rejecting their requests to help with his care.
To make matters worse, she unilaterally made the decision to uproot the decedent from his California home of decades and move him to an out-of-state assisted living facility that was far away from decedent’s family and loved ones. Regrettably, the decedent passed away shortly thereafter.
Keystone worked closely with the client to initiate will and trust contests against the girlfriend. In litigation, Keystone issued numerous subpoenas to obtain business records from financial institutions, hospitals and estate planners, which resulted in significant evidence to support the client’s position.
At mediation, Keystone was able to negotiate a highly favorable settlement to ensure that the decedent’s children would receive a significant portion of his legacy.
Keystone Quickly Quashes Groundless Will Contest Brought by Disinherited Son to Void Mother’s Will
In this case, Keystone represented the executor and the beneficiaries of an estate. The executor initially had been representing herself.
Because she was unaware of the required statutory notices, her estranged brother, who was specifically disinherited from the will, filed an action to revoke the admission of the will from probate, and then subsequently filed a competing petition for his own appointment as the estate’s personal representative, along with a will contest.
Keystone was hired after litigation began to ensure that the wishes of the clients’ mother were carried out. Through discovery, it was uncovered that the estranged son was, in fact, the only person who ever had been abusive toward their mother, taking assets from her after her husband (their father) died. Keystone also learned that he had been estranged from the family for decades.
With no actual basis or facts to support his will contest, Keystone successfully settled the matter, substantially in favor of its clients’ interests, by demonstrating during mediation that the decedent had the requisite mental capacity to execute the will, and showing the disinherited son’s wrongful acts toward the decedent were sufficient justification for him to have been disinherited in the first place.
Gifts Made to a Caregiver Through a Will She Suspiciously Handwrote Are Successfully Challenged
Keystone’s client was the half-brother of a decedent and one of his only remaining heirs. He came to Keystone years after his brother’s death because of suspicious behavior on the part of the decedent’s former caregiver and financial adviser.
At the time Keystone was retained, Keystone’s client practically had no information about his brother’s estate; however, through litigation and discovery, Keystone learned that not only had the caregiver used a power of attorney to transfer one of the decedent’s most valuable assets – a real property – into a trust under which she was the trustee and sole beneficiary, but she had also drafted a will (under which she was the sole beneficiary) for the decedent in her own handwriting, purporting that the decedent had been unable to write and had dictated the terms of the will to her.
Keystone’s client was seeking to invalidate the will and trust on account of lack of capacity and undue influence. In the case of the will, the client was also claiming a lack of due execution. In addition, the client was alleging that the caretaker committed elder financial abuse and was seeking to have her disqualified from receiving anything from his brother’s estate or trust on account of this abuse.
Ultimately, Keystone reached a favorable settlement for its client in which the client received the majority of the decedent’s liquid assets plus an additional settlement sum that the caregiver had to pay Keystone’s client.
Testimonials for Our Will and Trust Lawyers
What to Know About Our Firm
Keystone’s will contest attorneys specialize in probate law. Regardless of whether you are contesting a will, defending a will or enforcing your rights as a spouse, child or unmarried long-term partner, our will contest attorneys have the necessary expertise to assist you. We’re proud to serve clients nationwide who are involved in California-based will contests. We look forward to helping you with your legal matter.
Our Trust and Will Contest Attorneys
Keystone’s will contest attorneys focus exclusively on probate law to enhance the quality of legal services they provide clients.
Their specialized knowledge in the field of probate law enables them to challenge a will just as easily as they can defend one.
Our lawyers for contesting wills have received numerous accolades, including:
- Certification as Specialists in Estate Planning, Trust and Probate Law (State Bar of California, Board of Legal Specialization)
- Invitations to speak on probate law topics for attorneys, CPAs and other professionals
- Opportunities to teach wills and trusts to law students
- Recognition in professional publications like Daily Journal, Best Lawyers and Super Lawyers Magazine
- Los Angeles County
- Riverside County
- Ventura County
- Orange County
- San Bernardino County
- San Diego County
Frequently Asked Questions
Will and Trust Contest FAQs
In this section, you can find answers to questions our will contest attorneys frequently are asked by clients. If you have further questions, feel free to request a free consultation for assistance.
If your loved one died without a will, it means they died "intestate." As such, the assets in their intestate estate will be distributed to their closest surviving heirs in accordance with intestate succession laws, which can be found in California Probate Code sections 6400 – 6455.
Unfortunately, there is no concrete answer to this question.
Wills must pass through the probate process to be validated. Probate can potentially drag on for anywhere from a year to several years, but it's also possible for the process to span just six months. It depends on the circumstances underlying your case.
If a will is contested, it can be several months to several years before any distributions are made to beneficiaries.
Hiring a contested will lawyer early on could potentially speed up the process.
It depends on whether the will contest goes to trial or is settled outside of court.
If a will contest is settled early – during the discovery process or at mediation – the process may only last a few months.
If a settlement cannot be reached, the case will go to trial, which sometimes can span years.
Most of the time, you only would have recourse in such a situation if you are an heir or beneficiary under a previous version of the document.
In addition, it wouldn’t make sense for you to spend time, energy and money on contesting a will if you have nothing to gain from the contest.
If you are an heir or beneficiary, you could follow the usual steps for contesting a will or trust, so long as you have grounds for bringing a contest.
Reach out to our experienced will contest attorneys for help.
If you’re interested in contesting a will or need to defend a contest, contact the contested will attorneys at Keystone Law Group today.
Our will contest attorneys are prepared to help you in whatever capacity you may need. With our expertise, you can rest assured we’ll get the job done right.
