Five Reasons An Heir Might Challenge Or Start a Will Contest
When a person drafts and signs a California will or trust, the hope is often that there will be a smooth administration of the estate following his or her death. Unfortunately, this is not always the case. The will or trust may clearly lay out the wishes of the deceased; however, an heir or beneficiary may be upset with the way the instrument reads. The result could be a California will contest over the disputed document.
What are some examples of issues that might lead an heir to pursue a California will contest? The following are five common scenarios:
- An heir feels that he or she has been forgotten in the will or trust of the decedent.
- An heir is disputing the amount of his or her inheritance.
- An heir is disputing the type of property that he or she is receiving from an inheritance.
- An heir is disputing the right of another beneficiary to receive an inheritance.
- An heir feels that an executor or trustee is misinterpreting the terms of the will or trust.
Under the California probate code, a will contest is defined as a challenge to the terms of the will. To learn more about this type of estate litigation, view our article, “What Is a Will Contest?” Will contests can be brought under several theories, including fraud, undue influence, mental incapacity, or a failure to comply with the statutory will signing requirements under California law. These actions are subject to a statute of limitations, however. As a result, you should not delay if you suspect that you may be entitled to pursue a will or trust contest relating to your loved one’s estate.
For assistance determining whether you may have grounds to challenge a will or trust in California, contact a San Diego probate court litigation attorney today. Call our toll-free number at (888) 443-6590.