If you think someone has pressured your loved one to change their will, your first instinct might be to act right away. In California, though, you usually cannot challenge a will while your loved one is still living.
A will does not control the distribution of property until the person who made it dies. Until then, that person may generally change or revoke their will if they have the legal capacity to do so.
At The Grossman Law Firm, Attorney Scott Grossman represents heirs and beneficiaries across California when disagreements over wills turn into probate disputes.
Table of Contents
Key Takeaways
- You generally cannot challenge a will in California while your loved one is still alive.
- As long as your loved one has the mental capacity to make their own decisions, they can change or revoke their will.
- After they pass away, you may be able to challenge the will if you have evidence of undue influence, lack of capacity, fraud, or another legal issue.
- If something seems wrong now, save any texts, emails, documents, or other records that could help explain what happened later.
Why Can't You Contest a Will While Someone Is Alive?
Just because your name is in a will doesn’t mean that you will receive anything while the person you care about is still alive.
So long as they are able to make those decisions, your loved one can alter who receives what, modify the amounts, or even withdraw the will completely.
Therefore, if you are expecting to inherit, you cannot claim the right to enforce the will simply because your name appears in it; the will has no effect until the person you care about has died.
What If You Suspect Undue Influence Now?
Pay Attention to What Is Happening
Sometimes, you notice things that do not feel right before your loved one passes away.
Maybe someone is keeping them away from family, suddenly taking over their finances, or pushing them to change important papers.
These situations do not automatically mean there is undue influence. But if you ever need to challenge the will, what happened around the time it was signed or changed can be very important.
Hold on to any emails, texts, or notes now, instead of trying to piece things together years down the road.
When Can You Contest the Will?
Once your loved one has passed away and the will is filed with the court, you may have a chance to challenge whether the will is valid.
Depending on the circumstances, grounds for a California will contest may include:
- Undue influence
- Lack of testamentary capacity
- Fraud
- Forgery
- Improper execution
There are strict rules and deadlines for contesting a will. If you think the will does not reflect what your loved one really wanted, waiting too long can make it harder or even impossible to challenge.
If you have questions about when or how to contest a will in California, contact The Grossman Law Firm to discuss your specific situation.
FAQ
Can I stop my parent from changing their will?
Generally, a competent adult controls their own will and may change it during their lifetime. A different legal issue may arise if you believe they lack capacity or someone is abusing or exploiting them.
Can I challenge a will because I was removed as a beneficiary?
Being removed does not by itself make a will invalid. However, a prior beneficiary may have standing to contest a later will after the testator’s death if invalidating that will would benefit them.
How long do I have to contest a will in California?
The applicable deadline depends on where the probate proceeding stands. Because will contests can involve short deadlines, speak with a California probate litigation attorney promptly after learning about the disputed will.
Related Resources
- Overview of the California Probate Process
- Overview of California Probate Litigation
- California Probate Litigation Guide: From Will Creation to Final Resolution
- What Are an Executor’s Duties in California?
- How to Get a Copy of a Will in California as a Beneficiary?
- How to Contest a Will in California
- Can’t Afford a Probate or Trust Attorney?
How The Grossman Law Firm Can Help
If your loved one has died and you believe undue influence, incapacity, fraud, or another problem affected their will, you may have grounds to challenge it.
At The Grossman Law Firm, we help beneficiaries and heirs throughout California enforce their rights in probate and trust litigation.
Call (888) 443-6590 or complete our Get Help Now form to discuss your situation.
Our Intake Specialists can evaluate your case at no cost to you. Qualifying cases will be scheduled for a Free Phone Consultation with Attorney Scott Grossman.
Originally Published: September 13, 2016