In California, the family and heirs of an estate owner have the right to dispute the will at any time if the distribution of wealth and ownership assignments are unfair and unacceptable. A civil lawyer in Chico, CA helps families file a claim to dispute these assignments.
Reviewing the Terms of the Will
The attorney examines the terms of the will to determine if it is possible to file a dispute. Provisions in the will could prevent modifications and changes. Legal action by the family could also lead to the enforcement of these provisions. Estate owners have the right to include these provisions to eliminate the potential for disputes among family members.
Defining a Right to Dispute the Will
Before the plaintiff files a dispute, they must prove they have a legal claim. If heirs weren’t included in the will and had a legal claim to the estate, they have the right to file a dispute. In these instances, they must prove that they are a rightful heir through DNA testing or by presenting legal documentation that shows this legal right. The estate owner’s widow could dispute certain assignments as long as a divorce case wasn’t pending before the estate owner’s death.
Family members can also dispute the distribution of wealth to parties that aren’t related to the estate owner. If an outsider was awarded money or property, the family could dispute their legal claim to this assignment. The court could reassign the property or wealth according to the lack of a legal claim.
Bringing the Case to Trial
During the trial, the judge and jury review testimony from each side. The defendant must present evidence of their legal rights to any portion of the estate. The jury makes the final rendering to determine if the defendant may retain ownership of the assignment.
California laws allow families to dispute the distribution of wealth and property through a will. An attorney must review the assignments presented in the will to determine if the plaintiff has a viable claim. If the will includes certain provisions, they could forfeit a right to dispute. Families that need to hire a civil lawyer in Chico, CA for these purposes should visit this website now.