Probate Attorneys Serving Southern California
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A Will contest is a court proceeding to invalidate an instrument which has been submitted to the Probate Court purporting to be the Last Will and Testament of a decedent. Any “interested” person may contest a Will, including a heir, devisee, child, spouse, creditor, beneficiary or other person having any property right in or claim against the decedent’s estate that could be affected by the probate proceeding.
Under Probate Code § 6104, the execution or revocation of a Will or any part of a Will is ineffective to the extent that the execution or revocation was procured by duress, menace, fraud, or undue influence. Further, the validity of a Will depends on issues such as competence to make a Will, compliance with execution requirements and revocation and revival of a Will.
A common tool for both Wills and Trusts is the use of a clause, colloquially known as a “No Contest” clause, which provides that if someone tries to invalidate the Will or Trust in Court, then that person is automatically disinherited. However, no-contest clauses are generally disfavored and enforcement of no-contest clauses are limited to the following three situations under Probate Code § 21311:
- A direct contest that is brought without probable cause;
- A pleading to challenge a transfer of property on the grounds that it was not the transferor’s property at the time of the transfer; or
- The filing of a creditor’s claim or prosecution of an action based on it.
At Arcstone Law, our probate attorneys were recently successful in obtaining a $225,000.00 settlement from client’s stepsisters, who fraudulently procured a Will from the client’s frail and ailing mother which expressly disinherited the Client and his three other siblings of full-blood from receiving anything from their mother’s estate, valued at approximately $700,000.00.
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At Arcstone Law, we have a considerable level of experience helping clients in many different situations relating to probate, trust, and estate disputes, and we are fully prepared to help you if your case involves:
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Arcstone Law was established as a Foreclosure Defense Law Firm helping homeowners sue the banks after the mortgage meltdown of 2008. During that time the efforts of our lawyers were recognized and published by the State of California as precedence for other attorneys to rely on. Today our team of lawyers have grown, and our practice areas now include contract law, purchase/sales, quiet title litigation, partition actions, bankruptcy, eviction law, probate, divorce law (where Real Property is at issue) estate planning, business law and personal injury.
We focus everyday on providing high quality legal representation for our community and we dedicate ourselves to our clients and their cases. Whether you need legal assistance in Eviction Court, Probate Court, Federal Court, Bankruptcy Court or Appellate Court, there is no challenge that our experienced legal team is not ready to assist with. We have won thousands of cases and obtained millions of dollars in judgments and settlements for our clients. Call us today to schedule your consultation with a licensed attorney.