Posts Categorized: Contested Wills

Done yet

Are We Done Yet? How long does an average Trust or Will litigation case take to resolve in California?

The short answer is twelve to thirty-six months or more. But the specific answer varies widely based on the circumstances you confront in your case. It can take far longer than you like to resolve your Trust or Will litigation case. And there are a few factors that affect the length of your case. The first factor is our court ...

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Ready set pay

Ready, set, pay! Will I Be Reimbursed For Legal Expenses After Probate In California?

That all depends on what you mean by “probate.” In California, in fact in the entire United States, we operate under the so-called American system of litigation fees; meaning each party pays their own fees regardless of who wins the case. But there are a few exceptions. For example, if you have a contract that says the prevailing party is ...

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Run out of time

Have you Ran out of Time? How Long Do I have To Contest A Will or Trust In California?

Contesting Wills and Trusts can be difficult because each document operates under a different set of rules. And each document has a different statute of limitations for contesting it. Timeline for Wills. You really cannot contest a California Will until someone offers the Will to be admitted into probate. Under California law, a Will is not a Will until a ...

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Inheritance Theft! Can a relative who I’ve excluded from my Will fight for inclusion after I’m gone?

Yes, provided that relative has standing to sue. Any family member (or past beneficiary) who has been excluded from your Trust or Will can fight for inclusion after you die. But to do so they first must have standing. To have standing means they are an heir or prior beneficiary of yours and they have a property interest they will ...

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Can you challenegeyour Trustee_-6

Do you have standing? Who has the right to file a Trust or Will contest?

Who has the right to challenge a Will, or a Trust for that matter? To challenge a Will or a Trust in California, the person filing the Trust or Will contest lawsuit must have legal standing to do so. The concept of standing has evolved from centuries of jurisprudence, first in England and then adopted by the United States. Basically, ...

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Can you challenegeyour Trustee_-4

My siblings were disinherited–Do I owe them anything?

The short answer is no. If you are named as the only heir to your parent’s estate, then you win—and all the excluded children lose. You do not owe them anything. Or at least, that is how it should work…in theory. But many cases are not that easy because the excluded children often do not like being excluded (imagine that). ...

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