According to the law, each person has the right to determine who inherits their worldly assets after they die. This includes both financial and personal property. When someone passes away, probate is the process of validating and approving a will in a court of law. In California, this legal process generally takes six months to two years if uncontested. Several things must happen before an estate can be closed, and there’s a window of time in which the will may be questioned. If you’re worried about the validity of a Last Will and Testament, here are some probate litigation signals to watch out for.
Probate Litigation Signals
Probate litigation is necessary when there’s a conflict regarding the will itself, or who should be in charge of an estate. Before deciding whether or not to file a probate lawsuit, there are some signs to watch out for. Below, are several examples of common red flags.
- The executor is ignoring your messages or seems secretive about the process.
- You suspect fraud took place during the making of the will.
- You have reason to think the individual didn’t have the capacity to sign estate planning documents before he or she died.
- There is a suspicious inheritance that makes no sense.
- You have concerns about the power of attorney.
- There was a last-minute change to the will before your loved one died.
We Can Help
While these are a few probate litigation signals, it’s by no means a complete list. If you have other concerns or believe one of these probate litigation signals is relevant to your situation, don’t hesitate to contact us at Lewman Law. This type of case is challenging to sort out on your own, and the consequences are often high. Call us at (925) 447-1250, or visit our site for more information.