The time frame to contest a will varies by jurisdiction and can be influenced by specific circumstances.
MATHERS, CA, December 14, 2023 /24-7PressRelease/ — When contesting a will in California, here are some guidelines to consider:
Time Limit: In many jurisdictions, the time limit to contest a will typically ranges from a few months to a few years after the will has been admitted to probate. This period can vary widely, often falling within one to five years.
Start Date: The clock usually starts running from the date the will is officially admitted to probate. This is the process in which the court verifies the validity of the will and appoints an executor to administer the estate.
Grounds for Contest: Valid grounds for contesting a will may include lack of testamentary capacity, undue influence, fraud, duress, forgery, or failure to meet the legal formalities required for a valid will.
Interested Party: Generally, only “interested parties” have legal standing to contest a will. These are individuals or entities who would be affected by the distribution of assets if the will were upheld.
Notification Requirements: If you plan to contest a will, it’s important to notify the court and interested parties promptly, adhering to the specific rules and procedures of your jurisdiction.
It’s crucial to note that these are general guidelines, and the specifics can vary significantly depending on local laws and regulations. Therefore, seeking legal advice from an attorney well-versed in probate and estate law is essential if you are considering contesting a will.
“Our experienced probate lawyers are available to answer your questions regarding will and trust contests. We will provide a candid assessment of your case and recommend the best course of action,” says Hackard.
“California laws limit the amount of time a person has to contest a will. It is best to file a petition to contest a will before the probate hearing,” says Attorney Michael Hackard.
About Hackard Law Firm
Michael Hackard, a native of Sacramento, California, is an experienced trust and litigation attorney who represents clients in both California and federal courts. Michael is dedicated to continuous learning and has completed executive-level courses at prestigious institutions such as Dartmouth University’s Tuck School of Business, the University of Pennsylvania’s Wharton School, Columbia Business School, and Northwest University’s Kellogg School of Management. He emphasizes a client-centric approach, recognizing that clients in litigation seek an attorney who will actively listen and demonstrate unwavering commitment. He understands that the safety of the client is often of utmost importance. For more information, call 916-313-3030, or visit the website.
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