UNDERSTANDING WHY YOU NEED A LAWYER TO LITIGATE YOUR CASE
Trying to handle legal matters on your own or with an experienced attorney can be detrimental to your case. Probate can be a lengthy process, and if litigation is necessary you should have a lawyer on your side who is ready to handle matters in the courtroom.
Cases may need to be litigated for the following reasons:
- Undue influence: Undue influence, which is probably the most common source of estate litigation, can be direct or indirect.
- Mental incapacity: Mental incapacity, a closely related allegation to undue influence, charges that the testator lacked the mental capacity to make a will. California law states that testators have the capacity to make a will if the testators:
- Understood the nature and extent of their possessions
- Intended to dispose of all possessions in the will
- Knew the natural objects of their bounty, including family members and other natural heirs
It is important to note that simply because the testator had some sort of mental deficiency does not necessarily mean that the testator lacked the capacity to make a will. Other issues that can lead to probate litigation involve:
- Mistakes or fraud
- Improper execution
In some instances, probate can be avoided if a living trust is created or if joint ownership is created. Fresno probate litigation attorney Jeffrey Pape will discuss these options with you and draft the necessary documents to help avoid disputes, challenges and litigation after your passing.
CONTACT THE LAW OFFICE OF JEFFREY B. PAPE, P.C. , TO SCHEDULE YOUR FIRST MEETING
Contact a probate litigation attorney at our firm to schedule a consultation by calling 800-797-5677 or completing a short contact form. We handle cases in Fresno, Clovis and all surrounding California areas.