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Category - Will Contest

A Will Contest is a formal legal challenge to the validity of a Will through the appropriate California Probate Court.  Contests can be based on several theories: (1) Lack of Capacity of Testator (2) Undue Influence, Menace or Fraud (3) Mistake or (4) Improper Execution or Revocation, to name a few.

Who can or should draft my will?

If you do not do it yourself (which is perfectly acceptable) only an attorney can legally draft a will for you. Be aware that personally drafted...

What happens if a will cannot be found?

Missing Wills raises all sorts of interesting legal issues which often turn on the specific facts and circumstances, and the law of the state in...

What happens if a person dies without leaving a will?

The laws of each state usually provide a “default will” for any person who dies without a will, which is referred to as “intestate”. The spouse and...

What if there is no will?

If a person dies without a Will (known as dying “intestate”), the probate court appoints a Personal Representative frequently called an...

When should I make a will?

The simple answer is immediately. Usually, death comes as a surprise to us all and no one is aware of their impending demise. Making a will...

Should a will provide a separate list that details and bequeaths specific personal property?

If this is allowable in the state in question, the benefit of doing so is that the list can be changed from time to time as opposed to changing or...

After a will is created, can it be modified?

Of course. The only real requirement is that the person making the will be competent to make the change. In the movies, you have probably heard this...

What are the actual requirements for a will to be valid?

While each state may impose additional or alternate requirements, in general, a valid will must be hand-written or printed and signed by the person...

Are there any specific rules about how property can be disposed of?

Are there any specific rules about how property can be disposed of? In general, the answer is yes, but if (for example) you indicated that all your...

How does Joint Tenancy affect a Will?

Joint tenancy with right of survivorship (JTWROS) is a common legal method of defining property ownership when shared with another person, but it...

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