San Jose Wills Attorney

A will is the central component of most estate plans. But simply having a will is not always enough to avoid disputes during the probate process. The validity of a will is open to challenge by any interested person, and for a variety of reasons. Whether you are an interested party seeking to challenge the validity of a will or a personal representative defending the validity of a will, it is wise to seek advice from a qualified San Jose wills lawyer.

Will contests—usually brought by a person named in the will or someone who would have recieved property under a previous will—can be very contentious and complex. They can often involve a trial where evidence must be presented involving the circumstances under which the deceased signed the will, the state of mind of the deceased at that time, and any actions by others that may have influenced the deceased. This can involve the presentation of documentary and physical evidence as well as witness testimony. For these reasons, it is highly advisable to seek representation from a wills lawyer in San Jose. At Temmerman, Cilley & Kohlmann, LLP, our attorneys are experienced litigators. They have the experience necessary to effectively advocate on behalf of their clients at trial.

Grounds for contesting a will

You can contest a will in California on multiple grounds. First, a San Jose wills attorney may argue that the will was not signed in accordance with state law. The California Probate Code requires that a will be signed by the testator, or by another in the presence of the testator and at his or her direction, or by a conservator for the testator.

At least two witnesses must also sign unless the material provisions of the will are written in the handwriting of the testator. A will that does not meet these requirements faces a challenge. The personal representative of the estate, with the help of a wills attorney in San Jose, must prove by clear and convincing evidence that the testator intended the document to be his or her will.

Additionally, a wills attorney in San Jose can challenge the validity of a will based on the state of mind of the testator at the time of signing. A person must be competent—that is able to understand the nature and significance of his or her actions—at the time he or she signs a will. Wills or individual provisions of wills are also not valid if the testator signed by mistake or due to deceit, threat, or undue influence from another. A person challenging a will on any of these grounds has the burden of proving that such conditions existed.

Experienced estate attorneys in San Jose

The wills attorneys of Temmerman, Cilley & Kohlmann, LLP have the litigation experience to effectively represent clients during will contests. Whether you are a proponent or challenger of a will, our San Jose estate planning lawyers are available to consult with clients at our offices—located at 2502 Stevens Creek Blvd., San Jose, California 95128—or at any other convenient location. Contact our office by phone at 925-529-3999 or contact Temmerman, Cilley & Kohlmann online.