Blog 
Trust Litigation & Probate Litigation
- Sound Mind in California Estate Planning
- Why Is There So Much More California Trust Litigation?
- Do You Suspect Fraud by the Executor of a California Estate?
- Is probate litigation worth pursuing?
- My trustee won't give me my inheritance
Probate and Trust Administration
- Special Needs: San Diego Probate Lawyer on Why a Trust Is Better
- Executor Misconduct Needs Intervention by California Trust Lawyer
- California Probate Lawyers: Finalizing Your Appointment as Executor
- Pour-Over Will Not a Cure-All, Say San Diego Probate Attorneys
- San Diego Probate Attorneys Explain the IAEA and Probate Real Estate
News
Dodger owners' divorce trial could have been a probate battle...
Posted on 9/2/2010
Probate litigation no stranger to gay couples...
Posted on 4/25/2010
Church battles parishioner over inheritance...
Posted on 8/30/2009
Heiress' inability to recognize son supports fraud charge...
Posted on 8/27/2009
Conflicting wills leads to charge of undue influence...
Posted on 6/8/2009
Changes to will leads to criminal elder abuse case...
Posted on 6/5/2009
Helmsley's pet trust was poorly drafted...
Posted on 3/18/2009
Trustee steals from trust he administered for his daughter...
Posted on 3/1/2009
Lawsuits fly against probate estate in attempt to recover assets...
Posted on 2/19/2009
Heir grievances lead to estate litigation...
Posted on 2/17/2009
Library
Trust Litigation & Probate Litigation
- Not All California Wills & Trusts Meet Everyone’s Approval
- What Is “Undue Influence” in California and How Can It Be Used?
- You Can’t Choose the Timing of Your Death, but You Choose What Happens Next
- How to win your San Diego trust litigation case when the trustee will not give you a copy of the trust
- Riverside County issues new rules for filing probate and trust litigation cases
Trust Litigation & Probate Litigation
Sound Mind in California Estate Planning
A valid California will must meet the following requirements:- The document must be typed or printed.
- It must be signed by the author and two witnesses.
- The author and witnesses must be at least 18 years of age.
- The author must be of sound mind.
Generally, an individual is assumed to be in sound mind unless they have been deemed incompetent in prior court proceedings. However, it is possible that an incompetent individual may have never been subject to court ruling.
Do you have concerns that a loved one was tricked into signing a will that was not in their best interests?
The requirements for sound mind in creating a will are not as strict as those for other contracts. They are as follows:
- The individual understands what they own and has a reasonable sense of its value.
- The individual knows the beneficiaries listed in the will.
- The individual demonstrates appreciation of the meaning and ramifications of the will itself.
Remember that, if the decedent suffered from dementia or other kinds of mental health issues, the will may have been signed before the full extent of illness or during a lucid period. Finding documentation of the decedent’s state of mind during the final review and signing of the will are crucial to your California will contest or trust litigation case.
Do you have concerns about a loved one’s state of mind in creating or signing their will? The California trust lawyers at The Grossman Law Firm offer San Diego will contests, probate, and estate planning services. For a free, 30-minute consultation with one of our lawyers, call us toll-free 888-443-6590, or schedule an appointment using our quick online contact form.
Also, be sure to request Scott Grossman’s FREE book The Ultimate Guide to California Trust and Probate Litigation: How Sons and Daughters Get Their Rightful Inheritances from Their Parent’s Wills and Trusts.
Post a comment
Post a Comment to "Sound Mind in California Estate Planning"
To reply to this message, enter your reply in the box labeled "Message", hit "Post Message."Free Consultation
Begin your case review by filling out the form below:
San Diego Office
525 B St
Suite 1500
San Diego, CA 92101
Phone: (760) 440-9847
Fax: (619) 764-4091
Toll Free: (888) 443-6590
Get Directions
Riverside Office
6370 Magnolia Avenue
Suite 320
Riverside, CA 92506
Phone: (951) 683-3704
Fax: (951) 683-3948
Toll Free: (888) 443-6590
Get Directions
Temecula Office
43537 Ridge Park Drive
Suite 101
Temecula, CA 92590
Phone: (951) 461-8874
Fax: (951) 683-3948
Toll Free: (888) 443-6590
Get Directions
Videos
Trust Litigation & Probate Litigation:
Obtaining a Copy of a Trust in San Diego
How To Get a Copy of a Trust in Riverside, CA
Probate and Trust Administration:
Hire A California Probate Specialist for the Same Cost as a General Lawyer
FAQs
Trust Litigation & Probate Litigation
- What is a no-contest clause and does California law uphold it?
- I do not have much confidence in the executor of the estate. What should I watch out for under California law?
- What do you do when the trustee will not give you a copy of the trust?
Probate and Trust Administration
- As a non-professional trustee who is preparing to invest trust assets as part of my trust administration, do I really need to hire a professional financial advisor?
How much does the trustee get paid in California trust administration?
- How do I invoke the creditors claim procedure to limit and eventually stop creditors from filing new claims against the California trust I am administrating?