Challenging a Will in California

In California, will contests and trust disputes are quite common.  When someone who believes they are entitled to share in an estate or a family member disagrees with how estate property is being distributed, the likely result is probate litigation.  Litigation begins with a petition and that means someone who has an interest in the estate brings their disagreement to the court to resolve. Litigation is sometimes difficult to avoid despite using even the best estate planning techniques. There are essentially four legal grounds for challenging the validity of a will.  Each of these bases can be difficult to prove because medical records need to be obtained, witnesses’ declarations/testimony needs to be provided and experts may need to be hired for their input.  Contesting a will can also be a very expensive court process, yet that fact does not often dissuade everyone.  The legal bases to challenge a will include the following: (1) there is a…

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