San Jose, California Probate Litigation Attorney
When certain people are named as a beneficiaries, or when they appear to be benefitting disproportionately, suspicion may arise as to whether the testator was improperly influenced when creating the will. There may also be fears that a fraud was perpetrated.
At The Law Offices of Kai H. Wessels, we represent clients in probate litigation involving allegations of fraud, undue influence, or duress. We can also provide the legally required neutral opinion and certificate of independent review if you wish to make a bequest that requires one.
Address your concerns with an experienced probate lawyer by contacting our San Jose law firm today.
Challenging wills for fraud or duress
Elderly people are considered particularly vulnerable and may be taken advantage of by people who are close to them or upon whom they rely. Decisions may be made to name a caregiver or doctor as a beneficiary in their will.
In particular, a testator's non-family member attorney, doctors, nurses and other caregivers are known to be in a position to commit fraud or manipulate a vulnerable person. Although bequests to these people are often legitimate, the situation is so ripe for abuse that California law recommends that both the will and a certificate of independent review be completed by a neutral attorney if the testator is 65 or older.
With the prevalence of financial elder abuse today, it is clear that even friends or neighbors may be in a position to pressure a testator. Friends or neighbors may have provided valued company or support to the individual and may be legitimately named as beneficiaries. However, the will should reflect the testator's true intentions — not intentions forced upon them by others.
California law has long required a certificate of independent review be completed when a non-relative lawyer is named as a beneficiary in a will. The purpose of this independent review is to make certain that the testator is making the designation of their free will.
California has expanded the law to require independent reviews when other non-relatives — doctors, home health aids, nurses, neighbors, etc. — are named as beneficiaries in the will of an elderly person.
Without a certificate of independent review, the beneficiary may be required to prove by clear and convincing evidence that undue influence or duress was not exerted on the individual in order for the will to be proved valid.
Attorney Kai H. Wessels represents clients in will contests arising from allegations of fraud, duress, or undue influence. As in all probate litigation, our goals are to honor the intentions of the testator and to protect the interests of our clients.
Contact The Law Offices of Kai H. Wessels in San Jose, California today to schedule a free initial consultation to discuss your probate dispute with an experienced lawyer. Our firm provides the sound advice and strategy needed to successfully manage your legal needs.
