Attorneys For Beneficiaries & Heirs
Whether you are an heir, a trust beneficiary, a will beneficiary involved in a probate, or the beneficiary of a bank account, a pension, a 401k, IRA or other investment accounts, or a life insurance policy, we have the experience to advise you of your rights, what you can expect, when you can expect it, and help guide you through your trust, estate or probate administration, to fight to get what’s yours if you are involved in a trust, estate or probate litigation, and to protect you from abuse by fiduciaries, beneficiaries, and others, including protecting you or your loved ones from financial elder abuse.
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The Beneficiary & Heir’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 dispute a will simply because you do not like what it says or you disagree with the property distribution. To succeed you are going to need to be able to prove the will is not legally valid. Here’s a quick guide.
Beneficiary Advocacy
We help beneficiaries understand their rights under trust and will documents, ensuring that they receive their rightful inheritance and that all terms are adhered to by trustees or executors.
Dispute Resolution
We provide representation in disputes involving trustees, executors, or other interested parties.
Court Actions
We represent beneficiaries and heirs in court actions to seek judicial guidance, enforce rights, or contest trust and estate management decisions. We also assist beneficiaries in responding to petitions filed by trustees or executors, ensuring their interests are well-protected.
Beneficiary & Heir Services
At RMO, we represent individual beneficiaries and heirs, ensuring their rights are protected throughout a trust or will administration. Our team is committed to helping beneficiaries navigate complex legal matters with confidence, ensuring that your inheritance is secured and managed efficiently.Our services include:
- Explaining trust and will documents, and their amendments or restatements
- Ensuring proper distribution of assets according to the terms of the trust or will
- Investigating and contesting undue influence, fraud, or misappropriation
- Resolving conflicts between beneficiaries and trustees/executors
- Reviewing and challenging trustee or executor actions, as necessary
- Contesting trusts or wills when claims are appropriate
- Addressing breach of fiduciary duty by trustees or executors
- Objecting to trust or estate accountings
- Seeking removal or replacement of trustees or executors
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If you are a beneficiary or heir of a trust or estate, RMO offers personalized legal support to ensure your inheritance is protected.
Beneficiary & Heir FAQs
Answers to common questions about beneficiaries, helping you better understand needs in trust administration and disputes.
Can a will be contested?
Yes, a will can be contested by certain parties under specific circumstances. Some of the most common reasons for contesting a will include:
Legal Requirements Not Followed
For a will to be valid, the testator must follow specific rules and formalities as defined by state probate law. While the specific requirements differ among states, every will must meet the following conditions for the will to be enforceable:
- The testator must be of legal age.
- The testator must intend for the document to function as a will (also known as “testamentary intent”).
- The testator must sign the will.
AND
- At least two witnesses must sign the will (some states require more).
OR
- The testator must have written the material terms of the will in his/her own hand.
If the will does not satisfy any of these requirements, its validity can be successfully challenged.
Incapacity
In order for a will to be enforceable, the person making the will (also known as the “testator”) must have what is called “testamentary capacity” at the time it was created. To be considered to have testamentary capacity, the testator must understand three basic ideas:
- That the document they are creating is a will
- The amount of type of property they own
- Who will inherit their property under the will
If the testator did not have the mental capacity to understand these concepts due to Alzheimer’s dementia, a stroke, or another disabling ailment, the will can be contested and thrown out based on the testator’s incapacity.
Undue Influence or Coercion
Another common basis for a will contest is undue influence or coercion. Undue influence means that the testator did not make the will of their own free will and that they were pressured into creating the will or leaving property to someone when they would not have otherwise done so. If the testator changed their will as a result of coercion or force from another person, the will can be contested as invalid.
How do you contest a will?
To contest a will, an interested party – an heir or beneficiary under a prior will – will need to file a petition in the probate court in the county where the testator lived. The petition must be a formal, written document that outlines the reasons the will is not valid. You will want to retain an experienced probate litigation attorney who is familiar with litigating disputes in the probate court system in that county.
How long do you have to contest a will?
All wills must go through a process called “probate,” which is basically just the process of administering the will through the appropriate county probate court. Once a will has been filed with the probate court, the countdown to the deadline for will contests will begin. In California, you have 120 days to contest the will from the day that probate is opened. However, if you receive notice that someone has filed a petition that claims the testator died without a will, you should file a probate petition with a copy of the will with the probate court as soon as possible and lodge the original with the court.
How much will it cost to contest a will?
The cost of contesting a will varies depending on the particular facts of your case, but most challenges cost thousands of dollars, with minimum attorney fee retainers ranging from $5,000 to $10,000. Successfully contesting a will is challenging, so you’ll want to consult with an experienced probate attorney before taking any action. Whether a contest will be worth the cost depends on a variety of factors, such as the size of the estate, the amount of money you might recover, and the strength of your arguments for the will’s invalidity. A seasoned lawyer can help you evaluate your case and choose the best course of action.
Who can contest a will?
Only people who are considered “interested persons” can contest a will. An interested party is defined by state law, but is generally anyone who has a financial interest in the estate. The California Probate Code § 48 defines an “interested person” as “an heir, devisee, child, spouse, creditor, beneficiary, and any other person having a property right in or claim against a trust estate or the estate of a decedent which may be affected by the proceeding.” Generally, this limits interested parties to heirs-at-law, whether named or unnamed in the will, beneficiaries of previous wills who were excluded from the current will, or others with a financial interest in the estate.
Practice Areas
We have decades of experience getting results for people like you. Our team will listen to you, investigate your claims, develop a strategy aimed at accomplishing your goals efficiently and cost-effectively, whether that’s through negotiated resolution, formal mediation or trial, so that you can move on with your life. Schedule a free consultation, or give us a call.
We represent beneficiaries, heirs, administrators, executors, trustees and conservators/conservatees in cases involving disputing a will or trust, claims of breach of fiduciary duty, fiduciary misconduct and fraud, investment mismanagement, financial elder abuse, incapacity, and undue influence.
Stepping into the role of “Personal Representative” to handle your loved one’s trust, will, or probate estate can be an overwhelming experience. We have decades of experience helping individual and institutional administrators, executors, and trustees fulfill all their duties efficiently and cost-effectively. Although just a summary, below are many of the things we can help you with, and we’re always happy to answer your questions.
When your loved one is incapable of handling their affairs, whether financial or their own care, it may be time to consider a judicial conservatorship of the person (personal health and welfare of the conservative) or conservatorship of the estate (care of the conservatee’s finances), especially where your loved one may be the subject of financial or elder abuse. Often family members believe that a power of attorney or healthcare power may be sufficient, but often they are wrong. Sadly, even more often the person who holds those powers is the one abusing the loved one. Whether you need help analyzing whether a conservatorship is warranted, or need help defending against a frivolous conservatorship action, we can help.
Financial elder abuse is one of the fastest growing areas of law, affecting one of the most vulnerable sectors of our society. California’s elder abuse statutes provide extra protections to those 65 years of age and older who were victimized by the fraud or theft of another, most often a “loved one” who takes advantage of mom, dad, aunt, uncle, grandma or grandpa’s incapacity. We have successfully prosecuted and defended hundreds of financial elder abuse cases.
Beneficiary & Heir Case Results
Neutered Holographic Trust Amendment
Secured summary judgment on behalf of a trust beneficiary where the trustee claimed a holographic trust amendment halved our client’s inheritance, resulting in our client receiving her full inheritance and the trust paying her attorney’s fees and costs.
Invalidated Assignment of Elder Beneficiary’s Interest
Secured an elderly client’s rightful inheritance from her brother’s estate, invalidating the ill-gotten assignment the brother’s widow and her attorney had secured from her using subterfuge and without advising her to seek her own counsel.
Disputed Heirship Recognized
Effectuated heirship for the secret scion daughter of the decedent, who learned of his daughter only late in life and came to celebrate their relationship and hold her out to his community and confidants, but refrained from sharing their relationship with his wife and daughter, which led to disputed heirship after he passed.
Avoided Another “Death Bed” Trust Amendment
Within 45 days of engagement, secured 125% of our clients’ original bequests, plus attorney’s fees and costs, from their long-time friend’s estate after the 85 year-old decedent’s new “husband” unduly influenced the creation of a trust amendment to take the entirety of the estate for himself.
Saved the Family Farm
Helped family members recover ownership of the multi-million dollar family farm that had been transferred out of an irrevocable trust improperly by an unscrupulous trustee through the fraudulent use of a decanting statute.
From Our Blog
Insights and advice on beneficiaries & heirs from our blog.
- Estate Administration
- 4 min read
The Ultimate Guide to Spousal Lifetime Access Trust
- Published on
What is a spousal lifetime access trust or SLAT? A Spousal Lifetime Access Trust (also known as a “SLAT”) is an irrevocable trust where [...]
- Executor of a Will
- 17 min read
Can the Executor of a Will Take Everything?
- Published on
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 [...]
- Executor of a Will
- 13 min read
Can an Executor Override a Beneficiary?
- Published on
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 [...]
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