Dividing a loved one’s estate is often complex and emotional. Feeling confused, upset or betrayed is natural if you have been left out of a will or trust. The good news is that there are legal avenues you can explore to address the situation.
You have the legal means to safeguard your rights as a beneficiary
Here are steps you can take if you find yourself excluded from a will or trust:
- Review the document carefully.
- Assess whether you have legal standing to contest.
- Gather evidence to support your claim.
- Understand the time limits for filing a contest.
- Consider mediation as an alternative to litigation.
- Consult with an experienced estate litigation attorney.
In California, a beneficiary can challenge a will or trust on various grounds, including lack of mental capacity, undue influence, fraud and improper execution. Effectively proving these claims in court necessitates specific evidence and legal experience.
For example, suppose you believe the deceased did not have the mental ability to make rational choices at the time they drafted their will. In that case, you will need to provide medical records or witness testimonies to support your claim. Similarly, if you suspect someone exerted undue influence over the deceased, you must demonstrate how this influence affected the will’s contents.
In California, you typically have 120 days from receiving notice of the trust administration to file a contest. Missing this deadline could result in losing your right to challenge the document.
Working side-by-side with a legal professional is crucial
If you are considering estate litigation, make sure to have an experienced attorney on your side. By working with a California lawyer, you can gain an advocate who will strive to give you the best possible outcome.
