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By: Scott Grossman on September 15th, 2016

Not all California Wills and Trusts meet everyone’s approval

After the death of a prominent member of the family, emotions run high. Apart from grief and sadness felt by family and friends, the person’s disappearance often changes the structure and cohesion of the surviving relatives, businesses, and estate. If this was not enough, not all California Wills and Trusts meet everyone’s approval. In the emotional climate, this may provoke passionate reactions, which lead to contests and litigation that often need to be settled in court.

What kind of Wills and Trusts Contest topics might come up?

  • Questions regarding undue influence by someone over the Will’s creator
  • Claims that the Wills author was not in full possession of his or her mental capacities at the time of writing and signing
  • Claims of defects in the way the Will was written, signed, and witnessed
  • Allegations that the Will filed with the probate court is not the final version
  • Accusations of executor misconduct, mismanagement, or fraud
  • Disagreements over the family business disposition plans

Approximately the same type of problems may arise and lead to Trust Litigation. In the best circumstances, the California probate process may be expected to take approximately one year. Because of this, many people try to avoid probate using different means allowed by law, such as bringing most assets in joint tenancy ownership, designating beneficiaries on insurance contracts, etc.

In case of disagreement and contests, not only does probate become necessary – even for small estates – but litigation in court is likely to take a very long time before the succession process is finalized. Unfortunately, the court and lawyer fees are likely to bite deeply into the estate’s value.

If you are ready to start your case, then please give us a call or fill out our Get Help Now form.  If you want a comprehensive overview of California Probate, then click here. Should you have additional questions about trust litigation, then you will find plenty of useful information in our Learning Center.