Written by Knowing the intricate stages of probate litigation involving will contests can help you prepare for what lies ahead. Here’s an overview of the key steps involved and how legal representation is invaluable at every step.
Identify Legal Standing
Before challenging a will, you must first establish that you have legal standing. Your lawyer must prove that you are an “interested party” who would be affected by the outcome and have valid legal grounds for the contest.
File An Objection
When the will in question is submitted for probate, your lawyer can file a formal written objection with the court. This document outlines your reasons for challenging the will and initiates the legal proceedings.
Serve Notices
After filing the objection, your attorney must serve a copy of the objection and summons to all interested parties. They have 30 days to respond or file a demurrer (claiming the objection lacks merit). If a demurrer is sustained, the court may allow you to amend the objection within 15 days.
Present Your Case
At trial, your lawyer provides solid evidence that supports your claims. They gather solid evidence through depositions, interrogatories, and requests for documents. Moreover, they persuasively present your case before a judge and challenge the opposing party’s narrative.
Hear Court Judgment
After reviewing all evidence and testimony, the court will either admit the will to probate or reject it if found invalid. The court’s decision may also include appointing a personal representative to administer the estate.
Los Angeles probate litigation on challenging wills can be lengthy and emotionally taxing. However, with the guidance of a top-notch attorney, the process becomes more manageable. It highlights the importance of partnering with a trusted probate attorney.
Los Angeles Probate Attorneys
445 S Figueroa St, Suite 3100
Los Angeles, CA 90071
(424) 402-1228
https://www.LosAngelesProbateAttorneys.com/
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