Top estate planning and probate lawyer founder of the Law Offices of Robert H. Brumfield, P.C., in Bakersfield, CA explains the legal process and challenges of contesting a will. For more information please visit https://www.brumfieldlawgroup.com
-- Tackling the validity of a family member's will can present numerous challenges, particularly due to the limited grounds upon which a legal dispute can be initiated, according to Estate Planning and Probate Attorney Robert Brumfield.
For more information please visit https://www.brumfieldlawgroup.com
Staying above the emotional impact of a family's shock and anger at having the audacity to challenge a will is one thing; taking the matter all the way to court is an entirely different matter.
Robert Brumfield, of the Law Offices of Robert H. Brumfield, P.C. explained that the probate process is designed to facilitate the validation of a last will and testament. This then allows a person's assets to be distributed to named beneficiaries in accordance with their wishes.
However, if there are suspicions of fraud surrounding the will, contesting it is an option, albeit under certain conditions.
"An aggrieved person cannot file a claim against a will purely based on emotional grounds, such as anger for not getting more than they should have, perceived broken promises or even oral agreements which are not backed up in writing," said Brumfield.
To initiate a challenge, one must first establish 'legal standing,' which typically includes beneficiaries—such as relatives, children, or heirs—and creditors with legitimate claims against the estate.
Brumfield said that the burden of proof in challenging a will rests on the objector. They must gather compelling evidence, obtain witness testimonies, and seek counsel from a qualified attorney experienced in such matters to ensure the case is legally sound.
There are limited grounds upon which to object to a will. These consist of either the person making the will was unduly influenced; the will was not executed properly; lack of mental capacity by the individual making the will; or instances of fraud or forgery.
Brumfield explained that if someone was coerced, pressured, or manipulated into creating a will that disproportionately benefits a particular individual, it constitutes a valid reason to challenge the document's validity. "The challenge lies in proving coercion or undue influence, especially when the individual in question has passed away. The burden lies on the challenger to show that occurred."
Proving a will was not correctly executed deals with the administrative aspects surrounding the document's creation. These relate to the drawing up of the will, if the will was written and properly signed, that it was witnessed by at least two people over the age of 18 at the time and that those witnesses do not materially benefit from the will as that inference could be open to challenge.
Brumfield commented that for a will to be legal, the person making it knows and understands what they are doing and what they bestow to beneficiaries.
A beneficiary, for example, may have doubts about that relative's testamentary capacity and raises them after their death.
"That someone was elderly is not a sufficient basis for challenge," he clarified. Establishing a person's lack of mental capacity to comprehend the nature of a will, its implications, and the influence behind it often requires medical evidence.
Allegations of fraud or forgery aimed at manipulating a will in someone's favor are grave accusations that, if substantiated, could result in criminal proceedings. For instance, if a signature on a will is suspected to be fraudulent and does not match that of the purported maker, a handwriting expert might be consulted to verify the authenticity. A will found to be forged may be deemed invalid.
Challenges can be overridden by a person inserting a 'no-contest' clause in a will, in which an heir or a beneficiary who challenges the will and loses will be disinherited.
Objections to a will need to be done within a legal timeframe, and a potential contester should seek legal advice from a probate litigation specialist to discuss their challenge and the risks involved.
If they decide to press ahead, they must file a petition in the state probate court, informing their intention to contest a will. The case may be settled out of court or proceed to a full-blown hearing before a judge who decides the will's validity.
Brumfield pointed out that if the challenger loses the court case, they could be forced to pay the other party's costs. "The person launching the challenge must be aware of the risks. The impacts, isolation by loved ones and family, and loss of friends, may well outweigh any financial costs."
Brumfield said that ensuring a valid legal will and estate planning is in place, backed up by advice from a skilled attorney in that field, will help minimize the chance of such potential challenges arising.
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Contact Info:
Name: Robert H Brumfield
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Organization: Law Offices of Robert H. Brumfield, P.C.
Address: 1810 Westwind Drive, Suite 100, Bakersfield, CA 93301
Phone: 661-464-7770
Website: https://www.brumfieldlawgroup.com
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