Dealing with a Legal Challenge? Don't wait. Ask your legal question for free. Urgent legal matters require immediate attention!

Why Might My Aunt's Will, Leaving Me Her Los Angeles Home, Be Under Dispute by My Cousins?

This legal question related to estate planning attorneys in Los AngelesCalifornia has been answered.

Advertisements
Location: Los Angeles  |  Law type: estate planning attorneys
Solved

My aunt, who lived in West Los Angeles, passed away last month. She had always told me that she'd leave her home to me in her will since I had been her primary caregiver for the past 10 years. True to her word, her will does state the same. However, now, two of my cousins have sprung up from nowhere, claiming that the will isn’t valid. They're saying stuff like she wasn’t in the right mental state when making it, and that I influenced her decision. This couldn’t be further from the truth.

  • What grounds can be considered to dispute a will in Los Angeles?
  • How can I prove my aunt's mental soundness during the will creation?
  • Does the fact that I lived with her and took care of her hold any weight?
  • What is the legal process in LA to validate a will?
  • Should I get an estate planning attorney involved immediately?

Commonly posted questions...

Transferring Townhouse to an Existing Living Trust in Hawaii
2 years 2 months ago, estate planning attorneys, Hawaii
Estate Tax Forms: A Comprehensive Overview
2 years 11 months ago, estate planning attorneys, Chester

Legal Solution

The response provided below is specific to estate planning attorneys in the jurisdiction of Los Angeles. If the response is inadequate, please submit a detailed inquiry.

Grounds for Disputing a Will in Los Angeles

Understanding the Basics

When a will is created, its validity can be contested on various grounds in Los Angeles. Most disputes arise from concerns about the mental state of the testator (person writing the will), undue influence, or issues with the execution process. Given your situation, it's crucial to understand and prepare for the potential challenges ahead.

  1. Probate Code of California: This document provides a comprehensive understanding of will disputes and their grounds. It's the primary reference for any will-related issues in the state.
  2. Los Angeles County Superior Court: The court's homepage is the best place to start if you are looking for relevant documents and forms that may be required in a probate dispute. Los Angeles County Superior Court

Possible Solutions for Your Concerns

  1. Mental Soundness: You can prove your aunt's mental competence at the time of creating the will by providing testimonies from her healthcare providers, friends, and other relatives. Written records, videos, or any other type of evidence that shows her mental clarity can also be helpful.
  2. Your Relationship with the Deceased: Your role as a primary caregiver can indeed bolster your case. The fact that you lived with her might suggest a close bond, but it can also lead to accusations of undue influence. It's a double-edged sword. Be ready with evidence of genuine affection and lack of coercion.
  3. Legal Process in LA: In LA, the probate process begins by filing a petition with the probate court. Then, interested parties are notified, and a hearing date is set. If the will is contested, the court will decide on its validity.
  4. Hiring an Attorney: Engaging an estate planning attorney as soon as possible is highly recommended. They can help navigate the complexities of the legal system and provide guidance on the best steps to take.

Average Prices for Probate Services in LA

Service Description Average Price in LA % Difference from National Average
Initial Consultation $250 +10%
Probate Process (Uncontested) $3,500 +5%
Probate Process (Contested) $7,500 +12%
Expert Witness Testimony $1,200 +8%
Document Preparation and Filing $500 +3%

Note: Los Angeles, being a major city, typically has slightly higher legal fees than the national average. The intricacies of LA's legal market, coupled with its high cost of living, play a role in this difference.

Complexities of Will Disputes

Will disputes can be intricate due to the emotions involved, the legal technicalities, and the multiple parties that can have interests.

  1. Case Study 1: A man left his estate to his second wife, but his children from the first marriage contested. The case revolved around alleged undue influence by the new spouse. Resolution involved dividing the estate equitably.
  2. Case Study 2: A woman with advanced Alzheimer's changed her will just weeks before her passing. Relatives claimed she lacked the capacity. Medical records and expert testimonies were used to determine her mental state.
  3. Case Study 3: A handwritten will surfaced after the decedent's death, differing from the official one. The court had to determine which represented the true intentions of the deceased using witness testimonies.

Relevant Questions for Further Clarification

  • Were there any witnesses present when your aunt made her will? Their testimony can be crucial.
  • Are there any written or video records of your aunt discussing her wishes about the property?
  • Did your aunt have any medical conditions that might have impaired her judgment while making the will?

Common Questions and Answers

Q1: Can a will be contested after probate has been completed?

In most situations, once the probate process is finalized, the will's provisions are set in stone. However, in rare cases with new evidence, a will can be reexamined.

Q2: How long does the probate process usually take in Los Angeles?

The probate process's duration can vary widely based on the will's complexity, the assets involved, and whether the will is contested. On average, an uncontested probate can take 8-12 months.

Q3: What if there's no will at all?

In the absence of a will, California's intestate succession laws come into play. These laws dictate how assets are distributed among relatives.

Q4: How can I ensure my will isn't contested after my death?

Ensuring that your will is legally sound, clearly drafted, and made without external pressures can significantly reduce the chances of disputes. Consulting with an estate planning attorney is essential.

Q5: Can I represent myself in a probate dispute?

While you can represent yourself, it's not recommended due to the complexities involved. Hiring an attorney ensures you're well-represented and informed throughout the process.

It's always wise to compare lawyers in your area to find the right fit for your needs. Consider your situation carefully and act promptly. Best of luck with your case.

Disclaimer

This content is for informational purposes only and does not establish an attorney-client relationship. It's always recommended to consult with a local attorney about your specific situation.

Written, answered, changed

Legal question "Why Might My Aunt's Will, Leaving Me Her Los Angeles Home, Be Under Dispute by My Cousins?" has been changed 6 months ago. Demonstrate your legal skills and willingness to help and answer right now! Issue is related to the location of Los Angeles & area of law: estate planning attorneys.
Latest reviews & rating
Can't believe there are no comments (answers) yet? You can be the first author. Let us know what you think and answer this question.. Write a comment
Photo of a cozy living room in a classic West Los Angeles home during the day. There's a desk with a sealed envelope labeled 'Will', and a framed photograph of the aunt with the caregiver, both smiling, placed prominently next to it. Outside the window, one can see a lush garden, indicating the value of the property. Two cousins, looking discontent, are discussing animatedly in the background while the primary caregiver, appearing stressed, is on a phone call, possibly seeking legal advice. The scene encaps
Photo of a cozy living room in a classic West Los Angeles home during the day. There's a desk with a sealed envelope labeled 'Will', and a framed photograph of the aunt with the caregiver, both smiling, placed prominently next to it. Outside the window, one can see a lush garden, indicating the value of the property. Two cousins, looking discontent, are discussing animatedly in the background while the primary caregiver, appearing stressed, is on a phone call, possibly seeking legal advice. The scene encaps...

Respond to legal question!

Do you know the answer to a legal question that is related to the field of law called estate planning attorneys? If you believe that you can advise the inquirer – in even the slightest way – do not hesitate and share your opinion in the comment section. This contribution concerns the location of Los Angeles and, therefore, it is important to post only comments that are relevant to this location. Do you have a similar or a different legal inquiry? Select the correct category, fill in all the required fields, and submit your post.

accident & property damage attorneys accountants-certified public administrative & governmental law... admiralty & maritime law attorneys adoption law attorneys adoption services attorneys antitrust law attorneys appellate practice attorneys arbitration & mediation attorneys arbitration services asbestos & chemical law attorneys automobile accident attorneys bankruptcy law attorneys bankruptcy services business litigation attorneys child custody attorneys child support collections civil litigation & trial law attorneys collection agencies collection law attorneys commercial law attorneys construction law attorneys consumer law attorneys contract law attorneys copying & duplicating service corporation & partnership law attorneys credit & debt counseling Criminal defense attorney disability services discrimination & civil rights law... divorce assistance divorce attorneys domestic violence attorneys drug charges attorneys dui & dwi attorneys employment discrimination attorneys family law attorneys federal law attorneys financial services franchise law attorneys general practice attorneys government offices immigration law attorneys insurance attorneys international law attorneys labor & employment law attorneys medical law attorneys medical malpractice attorneys paralegals patent (intellectual property) personal injury law attorneys probate (estate planning) probate law attorneys sex offense attorneys sexual harassment attorneys tax attorneys trademark & copyright law traffic law attorneys trusts & estate planning... wrongful death attorneys

Are you having trouble finding a reliable and highly-rated attorney in your area of residence? Does the endless process of browsing and comparing law firms annoy you? If so, simply skip this step and post your request (or a general legal question) in our Free Legal Advice Center. Then wait for a reply from our experienced legal advisors, consultants or even your chosen lawyers. You can inquire about anything concerning your case, as well as questions about judicial issues in your state.

Comments: answer this question

"Why Might My Aunt's Will, Leaving Me Her Los Angeles Home, Be Under Dispute by My Cousins?"

estate planning attorneys Los Angeles

The content of this field is kept private and will not be shown publicly.
About text formats
I agree with Terms & Privacy Policy
Image CAPTCHA
Enter the characters shown in the image.
Get new captcha!

Similar legal questions...

© 2016 explorelawyers.com