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Steve Bliss Law San Diego Estate Planning Attorney Trust Lawyer

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Map:

Address: 3914 Murphy Canyon Rd a202, San Diego, CA 92123
Phone: (858) 278-2800

Preventing a Will Contest

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Testators, people producing the will, can take steps to avoid a will contest. This includes having a legal representative draft the will to guarantee that all legal procedures are followed. An attorney can also have witnesses total self-proving affidavits to prevent the need to have witnesses testify in court about the testator’s look of being of sound mind. Although these steps can help in reducing the possibility that a will contest will succeed, even wills that are perfectly drafted can still be objected to. The individual bringing forth the will object to has the concern of evidence of developing that the will is not a valid will.

Standing

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State law figures out which celebrations can object to a will. Usually the people named in the will, the beneficiaries, and the people who would stand to intrinsic absent a will, the successors, can object to a will.

Premises to Contest a Will

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There are numerous grounds that a person can use to object to a will. Some common factors to object to a will include:

Formalities Were Not Followed

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In order for a will to be declared valid, the testator should have followed the guidelines that are defined by state law. This typically consists of the testator making a statement that the will was what was being signed, 2 witnesses existing and witnessing the finalizing of the will and legitimate signatures by the testator and the witnesses being included on the will. If the procedures were not followed, the will might not be accepted by the court as a valid will.

Lack of Capacity

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Additionally, the testator must be of sound mind when she or he produces the will. The court is not worried about whether the testator later established a condition that crippled him or her. The concern is whether the testator was of sound mind when she or he signed the will. If the testator did not have the capability to develop a will, the will is not valid.

Undue Influence

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Another ground to object to a will is if the testator was unduly affected. Excessive impact takes place when an individual puts in an unreasonable quantity of influence over the testator by threatening him or her, separating him or her from the rest of the family or denying him or her of required resources in an effort to get the testator to sign a will that benefits the person who is unduly affecting the testator.

Fraud

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Fraud emerges when somebody gets the testator to sign a file that he or she does not understand is a will and the testator had no reasonable opportunity to verify this information.

No Contest Provisions

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Some wills include a “no contest” arrangement that mentions that if an individual comes up with an action to contest the will, she or he will lose whatever inheritance that he or she was entitled to. Some states do not honor such arrangements if the person bringing the contest has valid grounds to do so.

Will Contest Treatments

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After a person comes up with a claim against the will, the court will rule whether the procedural grounds have been fulfilled. The will object to enters into a prosecuted element of the probate process. The court should settle this issue prior to other elements of the probate process can be completed considering that the decision on whether the will submitted to the probate court stands will impact these other aspects.

Legal Assistance

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Individuals may choose to retain the services of a lawyer if they are concerned about a will object to. Estate planning attorneys can assist customers in preparing wills and including provisions that will make a will object to more challenging to dominate on. Probate attorneys can be maintained by relative or the estate to eliminate or defend a will object to.