How to Contest a Will in California
Key Takeaways Understanding Will Contests A will contest is the legal process of challenging the validity of the legal document stating how a person, known as the testator, wants their assets distributed after death. This process can be emotionally taxing since the person or people contesting the will are likely still grieving the loss of […]
Is It Worth Contesting a Will?
Contesting a will can be hard on all parties involved in the legal battle, but there are cases where it is worth it. However, because it can take months to go through the court processes necessary to successfully challenge a will, there are situations where contesting a will would not be in anyone’s best interest. […]
The Guide to Dead Man’s Statute and Exceptions
What is Dead Man’s Statute? Dead Man’s Statute, also known as “Dead Man’s Rule” or “Dead Man Act,” is a rule of evidence that prohibits an interested party from testifying about conversations or transactions with a deceased person in a civil case. This limitation only applies if all of the following criteria are met: […]
The Beneficiary’s Guide to Contesting a Will
When you contest a will, you challenge the legitimacy of the will in probate court. If a will contest is successful, the court will throw out the invalid will, and the deceased’s property will be distributed either per the terms of an older will or local state probate law. Importantly, you are unlikely to successfully […]
Can the Executor of a Will Take Everything?
Executive Summary Introduction A will’s executor is responsible for managing and administering the estate as outlined by the terms of the will. An executor has significant responsibility, but they are limited in their power and have a duty to only act in the best interest of the estate. If they breach this duty, then you […]
Can an Executor Override a Beneficiary?
An executor can override a beneficiary if they need to do so to follow the terms of the will or the probate laws of the state in which they are administering the estate. Executors are legally required to distribute estate assets according to what the will says and follow state probate laws. This means that if a beneficiary disagrees with the distribution […]