Invalid Will Attorney in San Diego, California
Creating a last will and testament is one of the easiest ways to ensure that your estate assets are distributed to your family and loved ones according to your wishes. However, not all wills are legally enforceable.
There are certain requirements for creating a valid will. Therefore, it is best to consult with a reliable California estate planning attorney at Casiano Law Firm to make sure it is prepared properly. Contact Attorney Vincent Casiano now and request your no-charge phone consultation to learn more about wills, trusts, and other estate planning matters in California.
Why Do I Need an Invalid Will Attorney in California?
Most people know that a person’s last will and testament dictates how their assets should be managed and distributed after they die. But a will must only be used in this manner when it is considered valid under California law.
Ensuring that a will receives the proper validation and enforcement is equally as important as the will itself. If there is a dispute about a will, consulting a credible San Diego invalid will attorney, Attorney Vincent Casiano is imperative to protect your wishes and ensure that appropriate documentation and protocols will be followed.
- Casiano Law Firm provides the highest quality legal services to our clients in San Diego County and Southern California in disputed or contested wills, trusts, probate litigation, and other estate plan concerns.
- Attorney Vincent ensures all necessary measures are taken to minimize the risks of having your will invalidated.
- He provides legal advice in writing a valid will, ensuring that your wishes are carried out, and aiding in any legal proceedings should the need arise.
- He helps numerous individuals and families plan for their estates and beneficiaries during life and legacy planning.
Attorney Vincent helps people of all incomes with estate planning and probate administration. He has the experience and knowledge required to meet your estate planning needs. Contact him now and schedule a no-charge phone consultation to learn more about your legal options.
What is a Will?
A will is a legal document that allows you to name an executor or personal representative for your estate and to distribute your assets to your named beneficiary after your death. Your will provides all the necessary details of who will inherit your property.
When you pass away, your estate goes through probate, and California courts ensure your assets are distributed according to your will. Since your will serves as your last communication to your family members and loved ones, it is crucial to seek legal advice from our knowledgeable San Diego invalid will attorney to ensure no one challenges your will and that there is no possibility a court could invalidate it.
Having a will is beneficial for many reasons. It can offer you great peace of mind knowing that your property will be distributed according to your final wishes. If you die without a will, then the state of California will decide for you who receives your estate assets through the laws of intestacy.
What Makes a Will Invalid?
You can efficiently write your own legal will. However, it is your responsibility to meet a few legal requirements. If you choose to write a will on your own, you could easily overlook state statutes required to make a will legal. To be completely sure everything is in order, consider having your will prepared by a skilled San Diego wills attorney.
When you are writing and signing a will, you must ensure that it meets all of the requirements under California state law, or else, the probate court may declare it invalid. An invalid will can cause significant legal issues, potentially costing your estate thousands of dollars.
While the rules for making a will vary from state to state, certain formalities must be met. Generally, there are several legal reasons a will might be invalidated.
Inadequate Testamentary Capacity
Testamentary capacity refers to the mental state of an individual to make a will. One of the most common reasons why a will is considered invalid is the mental ability of the testator or the individual creating the will.
The testator must know that he or she is making a will and its effect, understand that he or she is disposing of property and assets, and understand the nature and extent of the estate. If a testator is mistaken about facts because he or she isn’t of sound mind, a will is not valid.
Fraud, Forgery, and Undue Influence
When the probate judge discovers that fraud, forgery, or unwarranted influence was implicated in the creation of your will, it is going to be considered invalid. Fraud occurs when an individual intentionally misrepresents important information to the testator to secure some gain through the will. By contrast, forgery occurs when another person other than the testator creates a fake document or signature. Undue influence often involves someone pressuring a vulnerable testator to include them in the will.
Failure to Include All Required Provisions
Each state has its requirements and preferred language that should be used in a will. For a will to be legally valid, it must meet California’s formalities requirements, which refer to certain qualities of the document that must be present. At its most basic, a will should:
- Express their clear intent to make a will
- Identify the testator
- Appoint a personal representative or an executor to carry out the terms of the will
- Identify what is being left and to whom
Not Destroying Prior Wills
People often decide to create a second or third will after an original will is made. In general, new wills are understood to replace old wills. However, to avoid confusion, new wills should clarify in their text that they are meant to replace any previous wills. Failure to do so can cause disputes over which estate planning document should be enforced.
Under California probate law, the testator must sign the will in the presence of at least two witnesses who do not stand to inherit under them. The witnesses also need to sign a legal affidavit that acknowledges the testator’s mental capacity when he or she signs the will.
Call Our Seasoned Invalid Will Attorney Now!
A last will and testament is one of the most important estate planning documents you will create in your life. For a will to be legally valid, both the testator and the will itself must meet some technical requirements. Unfortunately, wills are not always drafted in a way that satisfies legal requirements.
If a will is ambiguous or written under suspicious circumstances, someone may try to contest it upon your death and have the will invalidated by the California courts during probate. Having a will declared invalid could be difficult, depending on the circumstances. To avoid this situation, an experienced San Diego invalid will attorney at Casiano Law Firm can help you take all the right measures to minimize the risk of invalidating your will.
Careful preparation and execution of the will, with recognition of your state law, can help safeguard your last wishes. Call a seasoned estate planning law firm and schedule a no-charge phone consultation with Attorney Vincent now. He will work with you to review your circumstances, understand your wishes, identify risks, and provide legal advice on your particular situation.