When someone creates their will with an experienced Orange County estate planning attorney , it can be difficult to contest. These professionals not only understand local, state, and federal laws surrounding estate plans, but they also can offer advice on how to make decisions that are less likely to lead to the will being contested. 1. The Signer Lacked Testamentary Capacity to Sign the Will.When an Orange County Estate Planning Attorney talks about “testamentary capacity,” he or she is talking about the mental capacity to actually sign a will. This capacity is often referred to as “of sound mind.”
2. The Will Doesn’t Meet State Law Requirements.Every state has specific requirements for what makes a valid will. This could include how a will is created, signed, or stored. Some states require witnesses, while others can be notarized. 3. Unduly InfluenceIn a situation where someone signs a will under extreme pressure or threat, the will can be contested. Intense pressure does not include nagging, threats, or verbal abuse. The signer must be in such duress that they feel they no longer have free will.
4. FraudIn a situation where someone is tricked into signing a will, it is not considered valid. For example, someone is under the impression that they are signing something other than a will when actually signing a will. Prevent Your Will from Being ContestedIf you’re in the process of working with an Orange County estate planning attorney, you will want to take specific steps to limit the chance that your will can be contested.
If You Need to Contest a WillContesting a will is difficult to work. Therefore, it is important to make sure you work with a probate attorney in Orange County to create your case, file paperwork, and represent you in court. from https://www.estateandtrustlawyer.com/4-reasons-a-will-is-contested
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About UsTop-rated Estate Planning Lawyer in Laguna Niguel, CA to help you dealing with disability issues, writing a will, setting up a living trust and establishing a power of attorney for medical decisions. At Parker Law Offices, we will guide you in planning your estate matters, including who you want to inherit from you and who will make decisions on your behalf for finances and health care. Archives
October 2020
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