San Diego Will Contest Lawyer

Have you recently lost a loved one and been surprised at what was contained in their will? As a potential heir, you may have a right to dispute the will and get your rightful share of the estate. You need an experienced will contest lawyer who knows the law in California and who is not afraid to fight to protect your rights.

The team at Albertson & Davidson LLP has the experience you need in your corner during these difficult times. Our San Diego estate litigation attorneys have helped countless individuals contest the validity of a loved one’s will and helped get them the share of an estate to which they were entitled. We have recovered over $300 million in verdicts and settlements for our clients, and we have the experience necessary to help you too.

Contact us today at (858) 209-2309 to schedule a consultation and learn more about your legal options. We can answer all your questions and will be right there with you every step of the way.

San Diego Will Contest Lawyer

Why Choose Albertson & Davidson LLP?

We understand that you have options when it comes to choosing an attorney to contest a loved one’s will. There is a reason why so many clients in the San Diego area continue to choose Albertson & Davidson LLP for all their estate and probate needs. That’s because we know how to win. While we cannot guarantee a win in every case, you can be certain that you will get our best effort at a victory every time.

Some reasons you should choose Albertson & Davidson LLP include:

  • Our attorneys are devoted to estate litigation, so they have the experience necessary to win these cases
  • We handle many will contests on a contingency fee basis so you do not have to pay any money up front
  • Our firm will give you the personal attention you deserve and create a tailored approach to your representation

If you need help with a will after the death of a loved one, contact Albertson & Davidson LLP today. We offer free consultations in many cases, so give us a call now to learn more about how we can help.

What Can a Will Contest Lawyer Do For Me?

Many people are familiar with their loved one’s wishes, and there are usually no surprises contained in the will. However, some situations can cause big surprises, such as when a loved one has been coerced into changing their will. A will contest lawyer can help you by:

  • Answering all your questions and advising you of your legal rights
  • Assessing your situation to determine whether you have legal standing to challenge the will
  • Gathering evidence, including witness testimony or written documentation, to help prove your claim
  • Filing all necessary paperwork to challenge the will
  • Negotiating a settlement that gets you a favorable outcome and avoids litigation
  • Filing a lawsuit and taking your claim to trial when necessary

Your time to contest a will in California is limited, so don’t wait until it is too late to get help. Contact Albertson & Davidson LLP today to let us help you get the inheritance you are supposed to receive.

Who Can Contest a Will in California?

Contesting a will requires legal standing to challenge the validity of the will. Not just anyone has the authority to bring a will contest forward. California law states that “interested parties” may challenge the validity of a will.

This can include heirs under the current will or any previous will, legal beneficiaries, creditors, or others who have a financial interest in the estate. Basically, anyone who stands to gain or lose from the disposition of the estate has legal standing to file a will contest in probate court.

How Do I Contest a Will?

Once you have determined that you have legal standing to contest the will, you then need some legal grounds for your claim. Simply being unhappy with your inheritance does not give you the legal grounds to dispute the will. Some common reasons that a will may be challenged in California include:

  • Duress: Duress may occur when you believe the deceased was forced into signing the will.
  • Fraud: In some cases, you might believe the will in question has been forged or some other type of fraud has taken place.
  • Improper influence: Someone else had improper influence over the person signing the will.
  • Mistakes in the will: The will contains critical and material mistakes that make it invalid.
  • Revocation: The will in question has been revoked due to a more recent will or some other document or action revoking it.
  • Mental state: You may be able to present evidence to show that the person who signed the will was not of sound mind at the time they executed the will.

Once your legal grounds have been established, you must file a contest petition. This may be done before the will is admitted to probate, or it can be done after the will is admitted. Keep in mind that there are some time limits that apply to filing a will contest.

After the petition is filed, a hearing before a probate judge will be scheduled, and you will get an opportunity to present your evidence to challenge the will. An experienced will contest lawyer can help you gather evidence and present your case to the judge to give you the best chance of success.

How Long Do I Have to Contest a Will in California?

Once a will enters probate, the clock starts ticking. After the will has been admitted in California, you only have 120 days to file a contest petition. Missing this deadline may cause you to completely lose your right to challenge the will. Make sure you talk to an experienced San Diego probate litigation lawyer as soon as possible so that you do not miss your chance to get your rightful share of an inheritance.

Schedule a Consultation With a San Diego Will Contest Lawyer

If you need help navigating the complex legal waters of a will contest after the death of a loved one, contact Albertson & Davidson LLP right away. Our skilled will contest lawyers will listen to your situation and put together a plan to help you get the best possible outcome.

Call today at (858) 209-2309 or contact us online to schedule a consultation and get started.