当遗嘱有争议时会发生什么?

许多加州人没有最后的遗嘱. 花时间参与其中 遗产规划 can help you protect your assets and ensure your loved ones receive your assets according to your wishes. Unfortunately, there is always a chance that someone will contest a last will and testament. 比赛会比大多数人意识到的更普遍吗. When one person believes they are entitled to a share in an estate or disagrees with how the estate is going to be distributed, 他们可以反对这种意愿.  

在加州谁可以质疑遗嘱? 

 在加州,只有利益相关方才能对遗嘱提出异议. Interested parties are people who would have benefited under an earlier version of the will or heirs of the decedent not included in the current will. The person contesting the will has a right to file an objection with a court to stop the court from probating the will.  

 After an interested party files an objection to stop the probate process, the proposed executor of the estate needs to inform the following people that there has been a will contest: 

  • 已知的死者的继承人 
  • 遗嘱中提到的每个人(如果存在的话) 
  • 任何替代遗嘱执行人 

 Next, there will be a hearing (likely hearings) in front of a judge regarding the will contest. The person contesting the will must provide the court with evidence proving the grounds on which the will contest is based.  

 For example, suppose a daughter claims that her brother used undue influence over her father. She claims that her brother influenced her father to cut her out of the will. 在这种情况下, the daughter would need to provide the court with evidence of the undue influence exerted over her father. 

如果没有人回应意志竞赛会发生什么? 

 If the people benefiting from the will that is being challenged receive notice of the will contest and do not respond, 案子会在没有他们的情况下进行. In this scenario, the person contesting the will would be able to submit evidence without opposition. Since nobody would be present to challenge the evidence at the hearing, 法官可以作出有利于反对者的裁决. The parties who did not respond would be bound by the court’s ruling in the case.  

 如果你收到遗嘱争讼的通知, 而你是遗产继承人之一, it is crucial that you discuss your case with a lawyer as soon as possible. 

法院将决定是否接受或拒绝遗嘱 

 在审判结束时, the probate court judge may choose to accept the will entirely or reject part of the contested will.  

  • 在某些情况下,法官会完全驳回遗嘱.  
  • If the person contesting the will claims another will supersedes the contested will, 法官可以决定强制执行另一份遗嘱.  
  • 当只有一个意志, 法官判定它无效, the probate court will distribute the decedent’s property according to California intestacy laws. 

加州遗嘱争议的法律依据  

 在加州,有几种不同的 质疑遗嘱有效性的法律依据,即: 

  • The testator who created the will did not have testamentary capacity 
  • 遗嘱没有正确签署和执行 
  • Another person unduly influenced the testator in creating the will or including certain provisions that benefited them 
  • 错误 
  • 撤销 
  • 胁迫 
  • 欺诈 

 这些法律依据都很难证明. The person contesting the will may need to obtain medical records, 证人的证词, 证人的声明. Additionally, they may need to hire experts to provide their expert opinions. Contesting a will is not easy and can become an expensive court process. 

是否会涉及缺乏遗嘱手续的纠纷 

 根据加州法律, a beneficiary or potential beneficiary can contest a will in California if the will was not created and executed properly. California requires specific testamentary formalities for a will to be valid. Specifically, California wills must be in writing and signed by: 

  • 立遗嘱的人,或者 
  • By another person in the testator’s presence and by their direction, or 
  • By a conservator according to a court order to make a will according to the California 遗嘱认证 Code 

 Additionally, the will must be witnessed and signed by the testator during their lifetime. Two additional people must witness the testator signing the will (unless the will is handwritten) and sign the will themselves. The witnesses must be present simultaneously and witness the testator signing the will or the testator’s acknowledgment of the signature of the will. 

比赛会涉及夫妻共同财产吗 

 Remember that spouses who create a will in California may only devise, 或给, 他们对共同财产的权益. Most property either spouse acquires after the marriage will be considered community property with a few exceptions, 而未亡配偶将有权获得其中的50%.  

 If a spouse tries to disinherit the other spouse in a community property state, 配偶仍有权获得财产的50%. The surviving spouse has a right to contest a will that does not leave them 50% of the property.  

今天与加州遗嘱竞赛律师讨论你的案件 

 If you are involved in a will contest in California, you need experienced legal representation. 联系Daniel A律师事务所. 亨特 today to schedule your initial 咨询 and learn how we can fight for your rights. 

丹尼尔律师事务所. 亨特

丹尼尔律师事务所. 亨特 is a California law firm specializing in 遗产规划; 信任管理 & 诉讼; 遗嘱认证; and 管理. 我们已经帮助超过一万名客户找到了内心的平静. We serve clients throughout the greater 萨克拉门托 region and the state of California.