While the majority of wills pass through probate without any problems, there are times when someone steps in to contest this legal document.
One potential reason for a will contest is simply that the child does not think the will accurately reflects what their parents owned or what they should get. If you've spent the last decades assuming you'll inherit around $500,000 -- maybe even spending some of that money mentally before you get it -- and then the will leaves you just $25,000, you're likely going to think there's a problem.
A loved one has passed away. You know they had an estate plan that included a living trust. You believe you were one of the beneficiaries of that trust or they told you that you were. Do you have a right to see it now that they've passed away?
Most stepmothers and stepchildren often don't get along, especially the older the child is when the new mom comes into the picture. It shouldn't come as a surprise that as much as 50 percent of estate battles are brought by adult kids against their dad's most recent wife.
It can be quite jarring to learn upon a relative's passing that you did not get an expected inheritance. You may be especially upset that your relative never explained their decision to disinherit you.
A will is supposed to express the final wishes of the person who passed away. It is their last chance to influence what is done with their estate. It can divide assets between the children, leave assets to charity or give other instructions for what is to be done with the deceased's physical or financial property.
Some people go to extreme lengths to keep others from fighting over their estate. They may worry that someone is going to challenge the will, and they'll include a "no contest" clause. What is this and how does it work?
There are many things that could have implications for a person when he or she is challenging a will here in California. One is whether the will being contested contains a no-contest clause.