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By: Scott Grossman on September 4th, 2016

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:

  1. An heir feels that he or she has been forgotten in the will or trust of the decedent.
  2. An heir is disputing the amount of his or her inheritance.
  3. An heir is disputing the type of property that he or she is receiving from an inheritance.
  4. An heir is disputing the right of another beneficiary to receive an inheritance.
  5. 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.

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