When Wills Are Challenged
Unless the testator had a comprehensive estate plan which shielded their most valuable assets from court, many of their assets will likely end up before a probate judge. When an estate is in probate, it can be challenged for a variety of reasons.
One reason an estate may be challenged is if the will is not valid. If, for instance, the testator had a typewritten will but did not get signatures from two witnesses, an interested party could contest the will. This could lead to probate litigation, an unwanted redistribution of assets, or the will’s invalidation.
Similarly, holographic wills are sometimes challenged, too—even when the handwriting is unmistakably that of the deceased.
Since a holographic will does not need to be dated, prospective heirs will occasionally claim that the testator was not of sound mine when they drafted it. Even if that heir cannot prove the claim, the contest can tie up the estate’s proceedings and drain its finances.
How an Estate Planning Attorney Can Help
If you are just starting to put together a will, a California estate planning attorney can help ensure that your documents comply with state law and will stand up to any challenges. You may also be interested in strategies to help keep your assets out of the emotionally exhausting and often expensive probate process. Many people, especially homeowners and those with complex estates, use revocable living trusts to ensure their loved ones receive their legacy with the least hassle.
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