Top Probate & Estate Planning Attorney Robert Brumfield Reveals How To Challenge The Validity Of A Will - Bakersfield, CA

Leading estate planning lawyer founder of the Law Offices of Robert H. Brumfield, P.C., in Bakersfield, CA outlines the complex process of challenging a will. For more information please visit https://www.brumfieldlawgroup.com

Bakersfield, CA, California, United States - November 6, 2023 —

Tackling the validity of a loved one's will can be fraught with difficulties, not least the narrow grounds upon which a legal challenge can be launched, said Estate Planning and Probate Attorney Robert Brumfield.

For more information please visit https://www.brumfieldlawgroup.com

Staying above the emotional impact of a family's shock and anger at having the audacity to challenge a will is one thing; taking the matter all the way to court is an entirely different matter.

Brumfield said that a process called probate is in place to enable the procedure for a last will and testament to be validated. This then allows a person's assets to be distributed to named beneficiaries in accordance with their wishes.

However, if someone suspects the will is fraudulent, they are open to challenging the will, albeit with some conditions.

"An aggrieved person cannot file a claim against a will purely based on emotional grounds, such as anger for not getting more than they should have, perceived broken promises or even oral agreements which are not backed up in writing," said Brumfield.

Firstly, a person must have 'legal standing' to challenge a will. This is defined as beneficiaries, such as loved ones, children, family members, or heirs. Creditors who have a claim against an estate can also legally object.

Brumfield said that the burden of proof in challenging a will rests on the objector. They must be ready to gather evidence, secure witness statements, and seek professional guidance from an attorney skilled in such challenges to ensure the case is legally watertight.

There are limited grounds upon which to object to a will. These consist of either:

• The person making the will was unduly influenced;
• The will was not executed properly;
• The person making the will lacked the mental capacity at the time it was made;
• Fraud or forgery.

Brumfield said that if someone is pressured, forced or coerced into making a will that favors one person in a particular way is grounds for the document to be challenged and ruled invalid. "The problem here is trying to prove someone, who has now died, was coerced or unduly influenced. The burden lies on the challenger to show that occurred."

Proving a will was not correctly executed deals with the administrative aspects surrounding the document's creation. These relate to the drawing up of the will, if the will was written and properly signed, that it was witnessed by at least two people over the age of 18 at the time and that those witnesses do not materially benefit from the will as that inference could be open to challenge.

Brumfield commented that for a will to be legal, the person making it knows and understands what they are doing and what they bestow to beneficiaries.

A beneficiary, for example, may have doubts about that relative's testamentary capacity and raises them after their death.

"Just because that person was of advanced age is not a valid challenge," he said. Trying to prove a person's lack of requisite capacity to understand the nature of a will, the influence of such a document and the consequences of their wishes will rest on calling medical evidence.

Suspicions of fraud or forgery that seek to sway a will in a person's direction are serious allegations that can, if proven, run to a criminal case. If, for example, the signature on a will is suspected and is not that of the person who made it, then a handwriting expert may have to be called in to establish the facts. A will that is proved to be forged can be ruled invalid.

Challenges can be overridden by a person inserting a 'no-contest' clause in a will, in which an heir or a beneficiary who challenges the will and loses will be disinherited.

Objections to a will need to be done within a legal timeframe, and a potential contester should seek legal advice from a probate litigation specialist to discuss their challenge and the risks involved.

If they decide to press ahead, they must file a petition to the state probate court, informing their intention to contest a will. The case may be settled out of court or proceed to a full-blown hearing before a judge who decides the will's validity.

Brumfield pointed out that if the challenger loses the court case, they could be forced to pay the other party's costs. "The person launching the challenge must be aware of the risks. The impacts, isolation by loved ones and family, and loss of friends, may well outweigh any financial costs."

Brumfield said that ensuring a valid legal will and estate planning is in place, backed up by advice from a skilled attorney in that field, will help minimize the chance of such potential challenges arising.

Source: http://RecommendedExperts.biz

Contact Info:
Name: Robert H Brumfield
Email: Send Email
Organization: Law Offices of Robert H. Brumfield, P.C.
Address: 1810 Westwind Drive, Suite 100, Bakersfield, CA 93301
Phone: 661-464-7770
Website: https://www.brumfieldlawgroup.com

Release ID: 89111795

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