When Can a Will Be Challenged in Court?
If you have concerns about a will, talk to a will lawyer Folsom residents trust from Yee Law Group. If you are writing a will or if a loved one recently passed away, you may be wondering about the legalities of challenging a will in court.
A Folsom will lawyer from the Yee Law Group is happy to discuss your concerns, though contesting a will is not common. Only under very specific conditions can a will be legally challenged in court. Some of the most common reasons why someone may contest the will are:
- The will does not fulfill the legal requirements.
- The person whose will it is was not of sound mind when it was written.
- The person whose will it is was not of legal age when it was written.
What qualifies as a legal will varies from state to state. If you have reason to question the validity of your own or a loved one’s will, it’s best to have a will lawyer in Folsom CA examine it. Most states require that a will meets the following guidelines:
- It should include a statement that clearly states something to the effect that the will reflects the wishes and desires of the person named as the will’s owner.
- It should have at least one section designating who should inherit what property or assets or else appoint a legal guardian for the will owner’s minor child.
- It should appoint an executor or personal representative to handle the deceased’s assets as specified in the will and carry out the instructions contained in the will. Depending on the state, if an executor isn’t named, the will may still be enforceable provided that the court names an executor. A will lawyer Folsom offers can clarify this for you based on your jurisdiction.
State of Mind
If the person was not in a sound state of mind when they wrote the will, or when they dictated it to another person, it may be challenged. A will lawyer Folsom residents turn to at Yee Law Group may guide you through this process. The court must come to the conclusion that the deceased’s mental capacity was not sufficient to understand what they specified in their will. In deciding this, a judge may consider the following:
- Did the deceased understand what a will is, and that he or she was making one when they specified their final wishes?
- Did the deceased understand that they were expected to provide for their loved ones in the will?
- Did the deceased understand what assets they owned and which needed to be distributed after their death?
- Did the deceased understand they had the power and responsibility to decide how to distribute their assets?
When the deceased wrote their will, they had to be at least 18 years old. The main exception to this legality is if they were in the military at the time of their death, were married, or were otherwise emancipated in the eyes of the court. If you believe the will is not valid because of an age issue, contact a will lawyer Folsom provides to verify the legal requirements.
Yee Law Group
The attorneys of Yee Law Group are here for you if you have concerns, whether they’re about your will or a loved one’s will. Call us today for a free consultation with a will lawyer Folsom families turn to during difficult times.