San Jose Attorney Experienced in Probate Litigation
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 feel they were owed something more than they received.
At The Law Offices of Kai H. Wessels, we understand the frustration and feelings of hurt or anger our clients are enduring. We focus on honoring the intentions of the testator while protecting our clients' interests. Contact our San Jose law firm to speak with an attorney experienced in probate litigation.
Probate litigation may involve:
- Lack of signature: In California, a typed will must be signed and witnessed by two people. Challenging a will is quite common when there is a question of whether the required signatures are valid and timely.
We successfully resolved a will contest where the will was not signed at all but the testator had printed his name at the top — we convinced the probate court to accept the will.
- Lack of capacity: When creating a will, it is imperative that one have the capacity to make sound decisions. In contested wills, the question frequently arises whether the testator had capacity at the time the will was created, due to dementia, Alzheimer's, or another mental illness.
- Fraud, duress or undue influence: 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 or used his or her position to commit fraud. 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 also arise over whether executives or administrators are using sound business judgment, have breached their duties as a fiduciary, 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 a more efficient and cost-effective method of resolving disputes if parties are willing to compromise. It can also give parties more control over the outcome.
At The Law Offices of Kai H. Wessels, 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.
Click here to read about the Estate of Homer Eugene Williams case.
Contact The Law Offices of Kai H. Wessels in San Jose, California today to schedule a free initial consultation to discuss your probate litigation concerns with an experienced lawyer. Our firm provides the sound advice and strategy needed to successfully manage your legal needs.
