How to Contest a Will and Win | RMO Lawyers
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Contesting a will means to legally challenge the legitimacy of a will in probate court. How to win a will contest in Los Angeles is another matter.
FULL ARTICLE: rmolawyers.com/how-to-contest...
"What is the meaning of contesting a will?"
To contest a will means to legally challenge the legitimacy of a will in probate court. There are several different reasons for contesting a will -- many of which involve the mental incapacitation, incapacity, or physical incapacity of the person making the will. Separately, the elderly and infirm are prone to medical conditions which may make them more susceptible to undue influence by those seeking to benefit from their impaired judgment. We often see cases where a will was written amended just prior to death, which always raises suspicion and concerns. If a will, amended will, or codicil has very different terms than its previous versions, and disinherits certain beneficiaries while enriching others disproportionately, it may be a sign that an interloper pressured the deceased into making changes at a time when they weren’t mentally equipped to do so, or that the changes they made were not of their own free will. Oftentimes, the elderly and infirm are so dependent upon others for support that they will simply do whatever a key caregiver asks of them, including changing their will.
"How do I contest a will and win?"
The quickest and most honest answer is to find the best Los Angeles probate litigation attorney who has experience working in the Los Angeles Superior Court Probate Division. Look for a Los Angeles probate litigation law firm with a proven track record of winning will contests in that court. Don’t be shy about asking them about their track record and what reasonable expectations should be for your case.
"10 Steps to Win a Will Contest in Los Angeles"
1. Determine whether you are someone who can contest the will. If you are not a family member or creditor, and have never been designated as a beneficiary in any version of the will, understand that you likely do not have standing - i.e. the ability - to contest it..
2. Obtain a copy of the disputed will and all former or different versions of it.
3. Review the will and any former versions of it to see what changes have been made and how they affect your and others;
4. Gather any documentation suggesting that the deceased was not of sound mind, was unduly influenced, or the victim of fraud or forgery when creating the version of the will that is disadvantageous to you.
5. Act quickly. As soon as a loved one passes away, get a free consultation with the best Los Angeles probate attorney practicing in the Los Angeles Superior Court Probate Division.
6. Listen to your lawyer’s honest assessment of your case, and decide if the potential financial and emotional costs of litigation justify the potential gain.
7. Consider mediation in lieu of litigation. This is almost always the more cost-effective and lower-stress route.
8. If your lawyer believes you have a winning claim, but no settlement agreement can be reached, be prepared to proceed with litigation.
9. In any case -- though it may be tempting -- try not to let emotions get the better of you. It is best to let your lawyer do the talking, Do not engage in any behavior that could hurt your case.
10. Be prepared for a long and possibly costly battle. You may well be entitled to your claim, and you may well win in the end, but understand that it may take anywhere from several months to several years for the case to finally get resolved in your favor.
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RMO LLP serves clients in Los Angeles, Santa Monica, Orange County, San Diego, Kansas City, Miami, and communities throughout California, Florida, Missouri and Kansas.
Our founder, Scott E. Rahn has been named “Top 100 - Trust and Estate Litigation” by SuperLawyers, Trusts and Estates Litigator of the Year, and Best Lawyers in America for Litigation
Пікірлер: 24
Snakes the lot of ya
Thank you!
I live in NC my dad lived & died in GA. I can't afford to drive back and forth with 3 kids, but upon my dad's death he wrote down how money's should be divided while in Hospital. He did have a will that was found the day after his funeral that was unfinished however it had been signed and the notary stamp was out of date and witnesses had died so they couldn't be contacted. I am his only son and my half sister and half niece are entitled to all money as far as will says. Although it's contrary to what he has told me and what he had written down. I made a complaint to probate court but was never heard so judge ended case. And allowed will to be probate, a will that was drafted right after my dad had cardiac arrest & was influenced to make will by my half sister. Yet Judge never got to hear any if this because I never had opportunity to share my side. What if anything can I do. These people wouldn't even visit my dad while sick, I spent a mo. And a half away from my family during the time he was sick and not once did they even visit. This has more sick and heart Broken please say there is something I can do and how.
@denise8216
Жыл бұрын
Unbelievable i know SMH i know for a FACT the Will was all a Lie SMH
All good advice.
Great advice
My daddy told me in private his girlfriend coerced him into signing everything to her, that when he dies I _need_ to fight it so that my sister gets everything. She'll take the house if he writes his children into his will. It's so gross but I promise to take that demon to court _as soon_ as daddy passes.
@KickSinclair
5 ай бұрын
Video tape him saying those claims ASAP
What do you do when you live in another state that the person whose will you seek to dispute?
All this is what we are going thru now my niece is keeping my father home.
I think I came here for the reason how write an ironclad Will. apparently even if you have a will , your blood relative or adopted child can contest it. and theres likely that your written wWill will be ignored.
My mum died over 5 years ago I will was changed about a week and a half before she died in the 4 hours that I wasn't looking after her when I had to go out the solicitors we bought in and we was changed she was not in her right mind which I can prove I have not been paid I've had no contact from my sister who is executor if she has spent loads of money she's changed you funeral plan and allsorts and she has sold in order money and and I am struggling to get any help as I am broke and terminally ill please help
Can you obtain all wills spanning over 50 years or more? Not just the current one?
Unfortunately if your loved one's mind was poisoned over a period of 20 years, but was of sound mind when writing the will can't be won in Quebec and probably elsewhere.
Can you recamended anyone in UK
I can't find a attorney for Tehama County recommendation please california
My brother died without a will, and his estate is entitled to a large settlement due to a wrongful death lawsuit. His father abandoned him when he was 3 years old and has been estranged his entire life, somewhere in another state. All assets should be awarded to my mother. A deadbeat father shouldn’t get a fortune because his son was “lucky enough” to die. I want to hire a lawyer.
I need to contest my brother's will because he called me before he died wanting help the county wouldn't do it because he was in a gay relationship now the lover is wanting to probate the will that was left to him by my brother consisting of a house and a car That my mother bought Graveyard plot.. no no . He was under duress please help me.. he also gave him some mineral rights that was supposed to stay in the family
Can you win attorneys fees if you win ?
Best thing, so its can't be contented. Get it out of your name if you no you going to pass if not you will holds crap
My uncle was murdered by his wife … the much younger wife .. she too was killed the same day by her brother after she shit him in the chest . Just before that the wife shot and killed her sister.. this left my uncle had 3 children by his 1st wife.. then he had a son with his new wife , the new wife had an infant daughter… many years past and she went loco and they both were dead… the will left out his 3 first children and gave the step daughter and last son every thing… I know he didn’t want to leave his first children out of the will… I think he was chorused by his wife to leave them out. She was crazy!! And he was fearful she would kill him and she did
Thank you I need to contact lawyer in Kitsap County area Bremerton Washington
Ok you sold us we want Nicer forgery proof permission validation Trust.