Effective Handling Of Will Contests And Disputes
Sometimes beneficiaries — or potential beneficiaries — of wills suspect a problem occurred. For example, they may suspect there has been fraud or that someone manipulated their loved one into changing the will. Beneficiaries or family members may also wonder if their loved one had the mental capacity to make decisions about the will. Evidence may even exist showing the will is invalid or the 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 Wessels Law Firm can provide the skilled and effective legal services you need to assert your rights.
Let us preserve your loved one’s intentions for his or her will. Contact us today to schedule a free initial consultation and discover how we can preserve your legal right in will contests and other probate litigation matters.
Handling Will Contests In San Jose
Kai H. Wessels has represented individuals who have contested a will based on variety of factors, including:
- Undue influence: If it is believed that the testator was improperly influenced when creating the will, the will may be contested in court. We can assist in protecting your beneficiary rights.
- Certificate of independent review litigation: When a nonrelated attorney or a caregiver 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 to understand and appreciate the gravity of what he or she is doing. Will contests often arise from these factors.
- Multiple wills: Commonly, individuals pass away with multiple wills. This can make it 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.
Contact Us For A Free Initial Consultation
Contact the Wessels Law Firm in San Jose, California, today to discuss your probate dispute with an experienced lawyer. Call our firm at 408-705-4577. We offer free initial consultations from our law firm in San Jose.