Encino Wills Contest Lawyer

After someone dies, their estate likely has to go through probate. Probate includes assessing the validity of the deceased individual’s will. When heirs, other family members, or beneficiaries disagree with the will, it can lead to claims that it is invalid. Whether you are concerned that the will is invalid, or believe the claims against its validity are unfounded, an Encino wills contest lawyer can help you protect your interests and understand the legal requirements of your case.

Barry Law Group: Your Dedicated Encino Wills Contest Attorney

At Barry Law Group, we have spent over 35 years representing individuals in our community. We understand how to handle negotiations and litigation for these cases. Disputes can make an already stressful case even harder to navigate, but we offer compassionate, trustworthy, and dedicated legal strategies based on your needs.

Disputes and Contested Wills in Encino

Contested wills tend to occur when there are disputes and disagreements between family members, beneficiaries, and other interested parties. There are many reasons that will contests happen, including:

• Heirs who were written out in a will do not believe it was the deceased’s actual intention
• Beneficiaries believe they were owed more from the estate
• Individuals believe that family members pushed for certain awards in the will
• The wishes in the will are unclear or vaguely worded, and the interpretation is disputed

In the San Fernando Valley, there was a median income of $92,046 per household. More highly valued estates tend to increase tension between individuals with an interest in the estate, especially when emotions are already high from the loss of a loved one. This can increase the likelihood of will contests.

Who Handles Probate and Will Contests in Encino?

When filing for probate in Encino, the case is likely handled by the Superior Court of California for the County of Los Angeles and in the Stanley Mosk Courthouse. If the individual who died either lived in Los Angeles County or owned property in the county, that court is where the case is filed.

In Superior Courts throughout California in fiscal year 2024, there were 20,736 filings for conservatorship and guardianship probate cases, which included all probate and will contest proceedings. There were 5,954 of these filings in Los Angeles County.

What Are the Grounds for a Will Contest?

The grounds for a will contest in Encino are usually based on concerns about the will’s validity or its execution. Common valid grounds for will contests include:

1. Improper execution of the will. The will needs to be properly signed and witnessed to be valid in most cases in California. There must be clear and convincing evidence that the creator of the will intended it to be their will if it is not signed and witnessed properly. These issues can create disputes on whether the will is valid.
2. Revocation. Revocation means the creator of the will, or the testator, intentionally destroyed the will to revoke it, or created a newer version of the will, therefore revoking the older version. Either of these can make a submitted will invalid.
3. Lack of testamentary capacity. If the creator of the will didn’t have the mental ability to understand their relationships, their assets, and the meaning of creating a will, this makes their will invalid. This claim often becomes relevant if the testator altered or created their will when they were affected by dementia or other forms of cognitive decline.
4. Undue influence. This claim is that someone influenced the testator to get favor in the will for themselves or someone else. The influence may have been force, coercion, or other pressure. Often, undue influence is done by someone close to the testator, such as a caretaker, a spouse, or an adult child.
5. Fraud and forgery. There are many different ways that forgery or fraud can occur. The testator may have believed they were signing a different document, or signed the will thinking different information was contained in it. The testator’s signature may have also been forged, or the elements in the will were edited after the will was signed.

FAQs

What Are the Odds of Successfully Contesting a Will?

The odds of successfully contesting a will depend entirely on your unique circumstances. If your case has valid grounds and significant supporting evidence, this improves your chances of success. These cases can be incredibly complex, however, so professional support is important. Working with an attorney can also increase your likelihood of success, and an attorney can also give you a better estimate of the likely outcome of your case.

How Much Does It Cost to Contest a Will in California?

The cost to contest a will in California depends on the complexity of the dispute and the court processes required to complete it. There may be several court costs involved, including the cost of discovery, obtaining records, mediation, or trial. There are also professional costs to consider, including the cost of an attorney, an investigator, a forensic accountant, and others. The longer the process takes, the more costly it is likely to be.

What Lawyer Do I Need to Contest a Will?

The type of lawyer you need to contest a will is an attorney who knows how to navigate probate administration and litigation. They should also be experienced in dispute negotiations.

When you hire a wills contest lawyer, it can make the process much more straightforward, help avoid needless contests, and make your contest claim stronger and more likely to succeed.

How Much Does It Cost for a Lawyer to Contest a Will?

If you work with a lawyer to contest a will, this can increase the costs of contesting, but the exact cost depends on the attorney. Most attorneys charge hourly rates, so complex cases tend to have higher costs because of the time, work, and resources needed for the case. Litigated or trial cases are also more likely to cost more compared to disputes resolved in negotiations. Working with an attorney can help you protect your financial interests in the will.

Hire a Wills Contest Lawyer at Barry Law Group

Having legal representation for a contested will can make the process easier and less overwhelming, while also protecting your financial and personal interests. Reach out to Barry Law Group if you have concerns about a will entered into probate or need to handle a dispute over will validity.