Probate Litigation

San Jose Probate Litigation Attorney

California Estate Distribution Lawyer Helping Clients Since 1993

Probate litigation can be very emotional and contentious. Family members may feel outcast for being left out of a will or outraged at unequal distributions. Spouses may believe they were owed something more than they received.

At The Wessels Law Firm, we understand the frustration and feelings of hurt or anger our clients are enduring. For more than 20 years, attorney Kai H. Wessels has focused on honoring the intentions of the testator while protecting our clients' interests. We are prepared to preserve your family member's vision of his or her estate.

If you have concerns about contesting a will or need help with the distribution of an estate, we can help you. Contact our San Jose law firm today to schedule a free initial consultation with an experienced probate litigation attorney.

Handling Probate Litigation in San Jose

Attorney Kai H. Wessels has represented individuals who have upheld and challenged the authenticity of a will based on a variety of factors, including:

  • Lack of capacity: When creating a will, it is imperative that the testator has the capacity to make sound decisions. In contested wills, the question frequently arises whether the testator lacked the mental capacity at the time the will was created, due to dementia, Alzheimer's or another mental illness.
  • Fraud, duress or undue influence Duress: When an attorney, doctor or caregiver is named as a beneficiary by someone 65 or older, there may be concerns that he or she manipulated the person writing the will. In order to prevent this, obtaining a certificate of independent review at the same time the will is created is recommended.
  • Interpretation of a will: Disputes often arise when the intentions of the decedent are unclear. Probate litigation proceedings can be commenced merely to determine the intent of the deceased.
  • Executor performance: Will contests are known to arise over whether executives or administrators are using sound business judgment, have breached their duties as fiduciaries, have collected all of the assets or paid all debts, have properly valued real estate or other assets, have paid appropriate taxes and many other issues.

Mediation of Probate Disputes

Ordinary probate can take months or even years depending on the estate's complexity and be drawn out even further by probate litigation.

Mediation can serve as an efficient and cost-effective method of resolving probate disputes, if parties are willing to compromise. This process also gives parties more control over the outcome.

At The Wessels Law Firm, we acknowledge the painful issues involved in probate disputes. Mediation may help you set aside feelings of anger, jealousy or pride in order to achieve a solution.

Contact Us For a Free Initial Consultation

Contact The Wessels Law Firm in San Jose, California, today to schedule to discuss your probate dispute with an experienced lawyer. We offer free initial consultations from our law firm in San Jose.