Steps To Take if You Were Wrongfully Left Out of a Will

Losing a loved one is a painful experience, and it can be traumatic too. Discovering that you were unexpectedly and wrongfully left out of their will can make the situation even harder. Many people usually assume Will disputes only happen in wealthy or celebrity families, but disagreements over inheritances occur in all kinds of families. Family dynamics, late-in-life relationships, or declining health can lead to sudden changes in wills, sometimes for reasons that don’t add up. If you believe you were wrongfully left out of a will in California, there are several essential steps you can take.

1.              Assess Your Standing

Before doing anything drastic, start by determining whether you actually have a legal standing. In California, you must either be a family member, someone named in a previous will, or someone who would receive an inheritance if the will were invalid.

If the deceased ever discussed leaving you something, write down every detail you remember. This may include what was said and what property or amount was mentioned. If nothing was discussed, but you reasonably believe you would receive an inheritance, come up with an estimate of the amount based on the size of the estate and your relationship with the deceased. This will give your attorney a place to start.

2.              Gather Any Evidence You Can

Next, collect anything that supports your connection to the deceased or shows an expectation of inheritance. For example, you could gather emails, letters, shared financial records, proof of financial support, or documents showing you lived together. Additionally, if other family members can confirm what your relationship looked like or noticed changes in the deceased’s behavior before the will was signed, ask if they are willing to provide statements. Solid evidence can help build a credible case.

3.              Get a Copy of the Will and Any Other Versions

The next step is to understand what is legally wrong in the will. Wills can be invalidated for several reasons, including:

• The deceased lacked mental capacity
• The will was signed under manipulation or pressure
• The will was forged
• The will wasn’t properly signed or witnessed.

Ask the executor for a copy of the will and any earlier versions. Comparing them can reveal any suspicious changes. For example, if you were included in previous versions for years, then suddenly removed shortly before your loved one passed away, this may indicate undue influence, and you can challenge the will.

4.              Consult With a Lawyer

Having established that your concerns are legitimate, it may be time to speak with an experienced California probate lawyer. Show them the will, your notes, and the evidence you’ve collected. A skilled attorney can help you understand what your chances are and whether challenging the will is worthwhile.

5.              File a Will Contest

If your attorney determines you have a valid claim, they will file a formal will contest in probate court. California has a strict deadline for contesting a will, so ensure this is done promptly, as waiting too long could prevent you from challenging the will at all.

Contact a California Probate Lawyer Today

If you believe you were wrongfully left out of a will, don’t wait. Contact the dedicated California probate attorney Robert L. Cohen – The Probate Guy – today to schedule a telephone consultation.

Southern California Probate Lawyer Serving Orange, Riverside, Anaheim, Whittier & Beyond.