858.792.5988

Serving San Diego for over 35 Years

Clients, Colleagues, and Friends,

I retired on Dec. 31, 2019, and officially closed my office, after 42 years of practicing law. I thank you all for your confidence in me and your friendship over the years. My colleague David Dufek who has shared the suite with me for the past two years is taking over my practice and will have all client files. Not only will David be taking over the practice, he remains in the suite and is taking over my fax and phone lines. You are free to leave your files with David or pick them up. David's practice like mine includes will, trusts, and probate, as well as personal injury work. He also does landlord - tenant work and debtor - creditor matters including bankruptcy.

I wish you all the best.

Alex

Can My Will be Contested?

San Diego Will Contest Lawyer Answers:

Can My Will be Contested?

Except for in Hollywood, a San Diego will contest lawyer knows that will contests are rare and successful will contests are even rarer.  But, if you are concerned that your will may be contested or you feel something is shady about a loved one’s will, call our office for a consultation.  We can help.

There are 3 grounds for a will contest

  • FRAUD

Examples of fraud would be the testator’s signature was forged or a page of the will was replaced.

  • DURESS OR UNDUE INFLUENCE

If someone withheld food or medicine or isolated the testator from other family members and friends in order to get the testator to sign a will with specific terms, this would be duress and undue influence.

  • LACK OF MENTAL CAPACITY

Mental capacity is assumed.  Therefore, the burden of proof is on the person contesting the will to prove that the testator lacked the requisite mental capacity to execute his will.

To have capacity, the testator must understand the following at the time he signed his will:

  • That he is signing a legal document that will distribute his property,
  • What’s in his estate, and
  • The natural beneficiaries of his bounty (his heirs)

The testator need only have the requisite capacity at the moment he signed the will.  He doesn’t need it 24/7.

What to do if you think that a loved one’s will should be challenged

Call our San Diego will contest attorney today for a consultation.  We will answer your questions and analyze your case.

What to do if you wish to avoid a will contest

Call our San Diego will contest attorney to set up a consultation.  We will help you take steps to avoid a will contest.

  • Do NOT do your own estate planning.  Call our office for assistance.  Legal technicalities must be followed.
  • Do not antagonize a natural beneficiary by leaving an insulting sum such as $1.
  • If you wish to disinherit a natural beneficiary such as a spouse, child, or grandchild, specifically state such in your will.  Do NOT just not mention them in the will.  In other words, mention your natural beneficiary by name and state that you wish to not provide an inheritance.
  • If there is any issue with your testamentary capacity, get a physician to certify your competence.

Concerned about a will contest?  Call our San Diego will contest attorney today.  We look forward to hearing from you.