Capable Representation At A California Certificate Of Independent Review
Under California law, if you are considering naming an attorney, a care provider or individual involved with caring for your physical or social needs (or their relatives) as a beneficiary of your will or trust, you must obtain a certificate of independent review in order for the provision to be considered valid. This law was enacted to protect individuals from unscrupulous parties seeking to perpetrate fraud or exert undue influence over potentially vulnerable parties.
When A Review Is Required
A certificate of independent review is required for gifts to certain classes of people such as:
- A nonfamily attorney of the testator
- A nurse or in-house care person dedicated to the physical needs of the testator
- A nonfamily person, whether a professional or not, involved in the caretaking and social well-being of the testator
- Relatives or employees of the nonfamily attorney or care provider of the testator
A certificate of independent review may be obtained via a comprehensive review conducted by an impartial attorney. The attorney will make certain that the client fully comprehends their intended testamentary actions and also try to ascertain whether any undue influence or fraud was involved in its creation.
A certificate of independent review provides clients with an independent, impartial and confidential assessment. Please contact our San Jose, California, office to schedule a free consultation for a certificate of independent review.
A failure to obtain a certificate of independent review could lead to litigation in the future and ultimately invalidate the donative transfer of the gift in a will or trust. Please contact our law firm to protect your rights and learn about the independent review process.
Handling Certificate Of Independent Review Litigation
In addition to providing independent review services, we can also represent you or the estate in independent review litigation. If you believe that a will or trust is in violation of this legislation or if you are seeking to assert your rights as a beneficiary, we can help.
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Contact the Wessels Law Firm, in San Jose, California, for a free initial consultation. You will be able to discuss your concerns with an experienced lawyer. Our firm provides the sound advice and strategy needed to successfully manage your legal needs. Call us at 408-705-4577.