San Jose Attorney Handling Will Contests
Sometimes beneficiaries — or a potential beneficiaries — of wills become concerned that there may be a problem. They may suspect there has been fraud, or that someone manipulated their loved one into changing the will. They may fear their loved one was not of sound mind when writing or updating a will. There may be evidence that the will is invalid or that its terms are illegal.
The decision to contest a will can be a highly emotional one, but it may be necessary. If you are considering or involved in a will contest, The Law Offices of Kai H. Wessels can provide the skilled and effective legal services you need to assert your rights.
Let us preserve the intentions memorialized in your loved one's will. Please contact us today to schedule a free consultation regarding will contests or other probate litigation.
Will contests can arise for a number of reasons reasons:
- Undue influence: If it is believed that the testator was improperly influenced when creating the will, it may be contested in court. We can assist you in protecting your beneficiary rights.
- Certificate of Independent Review Litigation: When a non-related attorney or a caretaker is named as a beneficiary by someone 65 or older, a certificate of independent review should have been obtained. If it was not or if there is a problem with the certificate, we can assist you.
- Invalid will: A valid will must be properly signed and, if typed, witnessed. Moreover, the testator must be of sound mind — understand and appreciate the gravity of what they are doing. Will contests often arise involving these elements.
- Multiple wills: It is common for an individual to pass with multiple wills, and it may be unclear which is the final, valid will. We assert the rights of beneficiaries or potential beneficiaries in these cases.
- Petitions to remove an executor or administrator: If you believe that an executor or administrator is mishandling an estate or has breached a fiduciary duty, we can file a petition for removal of the administrator or executor. We also defend executors and administrators facing removal.
Successful representation in California will contests
In one notable case, we successfully handled a will contest where the will was not signed at all. Instead, the testator had printed his name at the top as his last will and testament. As a result of our sound representation, we were able to get the will accepted by the probate court.
Click here to read the Conservatorship of McDowell case
Contact The Law Offices of Kai H. Wessels in San Jose, California today to schedule a free initial consultation to discuss your will contest or probate dispute with an experienced lawyer. Our firm provides the sound advice and strategy needed to successfully manage your legal needs.
