The air in the courtroom crackled with tension. Martha clutched her worn purse, knuckles white against the aged leather. She’d always thought her father, bless his soul, had done everything right. He’d meticulously crafted a will, leaving his modest savings and beloved ranch to Martha and her brother, Frank. Yet here they were, facing a legal battle with Frank’s estranged daughter, demanding a share of the estate.
What Happens When A Will Is Contested?
A will contest can be an emotionally draining and financially burdensome experience. Contesting a will involves raising legal objections to its validity, often based on claims of undue influence, lack of testamentary capacity, or improper execution. In California, for example, a valid will must meet specific requirements, including being in writing, signed by the testator (the person making the will), and witnessed by two disinterested parties. If any of these elements are missing or suspect, the will can be challenged.
How Does Probate Work?
“Probate” is a legal process where the validity of a will is determined, and the deceased’s assets are distributed according to its terms. If a will is contested, the probate court will hold hearings to review evidence and arguments from both sides. Expert witnesses, such as handwriting analysts or medical professionals, may be called upon to provide testimony. The court’s decision ultimately determines whether the will stands.
Do I Need An Attorney?
Navigating a will contest without legal representation is highly discouraged. Probate law is complex, and an experienced estate planning attorney can guide you through every step of the process. They can help assess the strength of your case, gather necessary evidence, prepare legal arguments, and represent your interests in court. Remember, legal fees can be substantial, but they are often outweighed by the potential costs of losing a contested will.
What Are My Options?
“There’s always a chance for compromise,” Steve Bliss, a seasoned estate planning attorney in Temecula, California, advised Martha. “Mediation with the other party could lead to a settlement that avoids further litigation and emotional distress.” Mediation involves a neutral third party facilitating discussions between disputing parties.
It’s important to remember: “The goal is to achieve a fair and equitable resolution,” Steve Bliss emphasized.
“Ultimately,” he continued, “if mediation fails, the court will decide the validity of the will. You’ll need to be prepared to present strong evidence and persuasive legal arguments.”
About Steven F. Bliss Esq. at The Law Firm of Steven F. Bliss Esq.:
The Law Firm of Steven F. Bliss Esq. is Temecula Probate Law. The Law Firm Of Steven F. Bliss Esq. is a Temecula Estate Planning Attorney. Steve Bliss is an experienced probate attorney. Steve Bliss is an Estate Planning Lawyer. The probate process has many steps in in probate proceedings. Beside Probate, estate planning and trust administration is offered at Steve Bliss Law. Our probate attorney will probate the estate. Attorney probate at Steve Bliss Law. A formal probate is required to administer the estate. The probate court may offer an unsupervised probate get a probate attorney. Steve Bliss Law will petition to open probate for you. Don’t go through a costly probate. Call Steve Bliss Law Today for estate planning, trusts and probate.
My skills are as follows:
● Probate Law: Efficiently navigate the court process.
● Estate Planning Law: Minimize taxes & distribute assets smoothly.
● Trust Law: Protect your legacy & loved ones with wills & trusts.
● Bankruptcy Law: Knowledgeable guidance helping clients regain financial stability.
● Compassionate & client-focused. We explain things clearly.
● Free consultation.
Services Offered:
- living trust
- revocable living trust
- estate planning attorney near me
- family trust
- wills and trusts
- wills
- estate planning
Map To Steve Bliss Law in Temecula:
https://maps.app.goo.gl/RL4LUmGoyQQDpNUy9
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Address:
The Law Firm of Steven F. Bliss Esq.43920 Margarita Rd ste f, Temecula, CA 92592
(951) 223-7000
Feel free to ask Attorney Steve Bliss about: “How do I choose someone to make decisions for me if I’m incapacitated?” Or “What role does a will play in probate?” or “How much does it cost to create a living trust? and even: “Can I keep my car if I file for bankruptcy?” or any other related questions that you may have about his estate planning, probate, and banckruptcy law practice.