Will Contest Attorney in Walnut Creek
Protect Your Family’s Interests in Alameda County
Although a last will and testament is supposed to be a loved one’s final wishes laid out in black-and-white, sometimes it’s not always that simple. Other beneficiaries – who may or may not be related to you – can question a will’s validity, argue over the fate of certain family heirlooms, or disagree outright regarding who is actually entitled to receive inheritance. There may also be reasons why you need to initiate legal action for similar reasons.
At Feldman Law Group, Attorney Aaron Feldman knows the last thing you need to deal with during probate is a lawsuit that can drag out the process, increase court and attorney costs, and possibly result in unfair treatment against you. We appreciate the sensitive nature of what you’re up against right now, which is why our will contest attorney in Walnut Creek will work closely with you to understand your goals and develop a unique legal strategy that can help you accomplish them and protect your family’s interests.
Why Would Someone Contest a Will?
Challenging a will is not something to take lightly. If someone’s dispute with a will is its overall validity, winning their case means the will gets thrown out and the estate is divided according to intestacy laws. In other words, it would be as if they died without a will at all.
Clearly, the consequences of a contesting a will can have far-reaching and serious implications for your family. That’s why it’s important to get an experienced will contest attorney in Alameda County who can help you through this matter and reach toward a better outcome.
Often, people wish to contest a will when:
- They believe they are mistakenly or inappropriately excluded from a deceased person’s will
- They believe the will is the product of undue influence (from a family member, friend, caretaker, etc.)
- They believe the testator (person who wrote the will) lacked capacity to sign due to a condition such as Alzheimer’s Disease, dementia, mental illness, or other such disabilities.
- They believe the will is fraudulent (testator was misled into signing a will, was misled regarding the will’s contents, other parties forged the testator’s signature, etc.)
Because proving any of these situations to a judge’s satisfaction can be an exceedingly difficult feat, it’s important that you hire an experienced will contest attorney in Walnut Creek to handle this for you. Feldman Law Group will closely work with you to gather the necessary facts and evidence to present the strongest possible case whether you’re initiating a will contest or defending against one.
If you need help with a will content in Alameda County, reach out to Feldman Law Group online or by calling (925) 208-4543. We can support you whether you need to initiate or defend against legal action in probate court.
Who Can Contest a Will?
While the pool of people who could potentially contest a will can be rather large, it’s far from infinite. Not just anyone can challenge your final wishes, but a lot of people still can – especially if you have a large family. Let’s divide up these people up into the following categories: standing, beneficiaries, heirs, and minors.
The concept of who is an heir and who is a beneficiary can often get tangled, so let’s untie the matter. An heir is someone who would receive a portion of someone’s estate if they died without a will and the state’s intestacy laws determined how property division would be carried out. This makes people like parents, siblings, spouses, and grandparents all heirs because most intestacy laws award portions of someone’s estate to these people when the deceased died without a will.
Therefore, you can elect whether or not someone will be a beneficiary in your will, but you cannot choose whether or not they are a legal heir. When someone who is an heir is left out of your will, they may be inclined to challenge it.
People With Standing
Anyone with standing can challenge your will. This person is someone who is named in your will, such as a beneficiary, or would gain or lose something if your will was invalidated – regardless of whether or not you named them as a beneficiary. In most will contest cases, standing will need to be established before anything else will proceed.
These are the people, organizations, and even pets who are named in someone’s will. Their familial relationship to the testator is irrelevant – as long as they are named as a beneficiary in the will, they have standing to challenge it.
Do You Need Legal Assistance?
If you need a will contest attorney in Walnut Creek to help you with a legal matter concerning a loved one’s estate, reach out to Feldman Law Group for assistance. We offer 35 years of experience that can help you rest assured that your legal problems during probate are in caring, capable hands.
Contact us online or call (925) 208-4543 to get the legal assistance you need today.