Orange County Will Contest Lawyer

It is never easy when a loved one passes away. This time can be even more difficult if someone comes forward with a will that is full of surprises. As a legal heir, you may have the right to contest the contents of that will in court. However, you will likely need an experienced Orange County estate litigation attorney who can help you through this process.

The team at Albertson & Davidson, LLP has the experience you need on your side during this difficult time. We have helped many clients in Orange County get their fair share of a loved one’s estate. Our team has recovered over $300 million in settlements and verdicts for other clients, and we are ready to get started helping you too.

Contact us today to speak to an Orange County will contest lawyer who can answer all your questions and handle every aspect of your legal claim. You do not have to go through this difficult time alone and stand by while someone steals your inheritance.

Contact us today at (858) 209-2309 to schedule a consultation and let us get started helping you.

Orange County Will Contest Lawyer

Why Choose Us?

We know that you have options when it comes to selecting an attorney. There is a reason why clients in Orange County consistently choose Albertson & Davidson, LLP for all their will, trust, and probate needs. That is because we know the law, and we know how to get results.

Clients continue to choose our team to help with these situations because:

  • We take most of these claims on a contingency fee basis, so that means you do not owe us a fee unless we win your case
  • You will always get the personalized attention that you deserve during this emotional time
  • We can use our in-depth knowledge and experience with probate litigation to put together a tailored representation approach to your case

Our lawyers devote their practice to estate litigation, so we know what it takes to win. In many cases, we can successfully negotiate a settlement that works for everyone involved. When that is just not possible, we have the resources necessary to aggressively litigate your case. Give our firm a call today to schedule a consultation and let us get to work.

How a Will Contest Lawyer Can Help

Challenging a loved one’s will in court may seem intimidating. Things get even more complicated because it is often family members who are on the opposing side. An experienced will contest lawyer can help you navigate these difficult situations and make sure your legal rights are protected. Some ways a will contest lawyer can help are by:

  • Examining the alleged will and looking for potential errors or red flags
  • Answering all your questions and advising you of your legal rights
  • Gathering evidence and interviewing witnesses to help prove your claim
  • Using experts as necessary to help bolster your claim
  • Successfully negotiating a settlement that can be agreed to by all parties involved
  • Taking your claim to court and fiercely litigating on your behalf when necessary

Your time to file an objection to a will is limited. Make sure that you do not lose your chance to contest your loved one’s will by reaching out to a will contest lawyer today. Contact Albertson & Davidson, LLP to schedule a consultation.

Do I Have the Right to Contest a Will?

Not everyone has a valid legal right to contest a will. Under California law, only individuals who are considered “interested parties” may challenge the validity of a will. In most cases, this means that they have some financial interest or potential financial interest in the distribution of the estate.

Generally, any potential legal heirs may file a will contest in California. Additionally, creditors, beneficiaries from a previous will, beneficiaries under the law, or any other party with a financial interest in the estate may have standing to file the contest. If the disposition of the estate may either benefit or harm your interests, then you likely have the right to contest the will.

How to Contest a Will in California

Contesting a will in California requires both legal standing and some legal grounds for the objection. Simply being unhappy with the way your loved one decided to divide their estate is not enough to challenge the will. Some common reasons that a will may be challenged are:

  • Fraud: This can happen when the will has been forged or there was some material misrepresentation that was used to persuade your loved one to execute the will.
  • Duress: If the deceased was forced into signing the will, then this can be a legal grounds for challenging its validity.
  • Mistakes in the will: Some wills may contain material mistakes that are so great that the entire will could be considered invalid.
  • Improper influence: If another person used improper influence over the deceased to coerce them into executing the will, then it may be invalidated.
  • Revocation: This occurs when a previous will has been revoked by the execution of a new will or by some other action that the deceased took.
  • Mental state: Someone who executes a will must be of sound mind, and any will executed while a person is not in a clear mental state may be considered invalid.

Once you have established a clear legal grounds for challenging the will, then you will need to file a petition with the probate court. This contest petition may be filed before the will is even admitted to probate, or you may decide to wait and file the petition after the will has been admitted. Either way, keep in mind that there are some time limits that must be adhered to when filing your petition.

Once the petition has been filed, the court will schedule a hearing before a judge so that you can present your evidence. The judge will hear evidence and arguments from both sides in the case, and the judge will make their decision based on the evidence presented. An experienced will contest lawyer can help you gather and present your evidence in a way that is likely to get you a favorable outcome.

How Long Do I Have to File a Will Contest?

California law allows you 120 days from the time the will is admitted to probate to file a will contest. This is a fairly short deadline, and missing this deadline can cause you to lose all your legal rights to challenge the will in the future. This is why it is so critical to seek the help of an experienced probate litigation lawyer in Orange County right away. At Albertson & Davidson, LLP, we can help you determine the filing deadline for your claim to ensure you do not lose your right to get your rightful inheritance.

Schedule a Consultation With an Orange County Will Contest Lawyer

If you need to challenge a loved one’s will, contact Albertson & Davidson, LLP today. Our experienced team can help investigate your claim and put together a winning strategy for your case. We will fight diligently to ensure that your inheritance is not taken away from you.

Call us now at (858) 209-2309 or contact us online to schedule a consultation with an Orange County will contest lawyer and get the process started.