Do You Know How to Handle a Will Contest?

Having made a few probate court appearances lately, one of things you do when you are sitting there is pay attention to the other matters being heard.  [There isn't much else to do as if you start reading the newspaper, it's rude and you have already read your file forwards and backwards. Besides the other matters are often very interesting.]

One realization came to mind yesterday -- is that many attorneys do not know how to handle "Will Contests." This is where when someone dies and a Will is offered for probate and someone disputes the validity of that Will.  Either because there is another Will. Or that Will was fraudulently procured among other common reasons to contest a Will.

Three matters yesterday afternoon involved "Will Contests."

In one case, there were competing petitions for probate for two different Wills. There were two attorneys involved and neither attorney knew that they had to object to the other's petition for probate. That matter was continued 9 weeks to give the attorneys time to figure out what to do and file objections.

In other case, two attorneys came to the podium where one wanted to object to the petition for probate. The judge asked if they had ever been involved in a Will Contest and if that was their intent then they needed to file objections. So that was continued out too. That attorney who wanted to object admitted that he had not been involved in a Will Contest before.

And two other matters were already pre-approved and in those matters regular people went up to the podium and said that they did not want that petition for probate to be granted.  In these two matters the judge informed the people to hire an attorney and get objections filed. She said that if objections were not filed by a certain date that the petition would be granted.

TLD handles many Will Contests, Trust Contests and all sorts of other matters relating to probate. We have 3 attorneys who handle probate matters routinely and even a larger number of attorneys who handle litigation matters as it involves Wills and Trusts.

We know how to file objections and how to steer litigation matters in probate court in Southern California. When you consult with an attorney for Wills, Trusts and Probate matters -- consider making TLD your first call.

Comments

[martin]

My wife is a co-executor of her mothers estate. The sister co-executor has found fault with nearly everything and has been obstructing, uncooperative, and has stopped progress on fairly simple yet important tasks. The sister became unhappy with the estate attorney and
within the past two months has "substituted" the estate attorney and hired her own attorney. The estate attorney wrote the sister's attorney a letter summarizing to bring him up to date. The sister's attorney has filed a brief on behalf of the sister's co-executor who has managed to STOP things moving forward, requesting the court authorize the sister to proceed with the estate business without my wife as co-executor. It is a non interferance will. Now the sisters attorney has written the estate attorney requesting he withdraw as estate attorney as required by Bar Association Rule 9.1 (a). My wife has done her job. Her sister has refused to act jointly on many issues, even failed topay property taxes causing a delinquency charge. The sister has refused to work with my wife in getting the property listed with NW MLS for six months, and now demands to be authjorized to list with her realtor, on her terms without my wife as co-executor. Now my wife is faced with their request, a court hearing essentially removing my wife as co-executor, and no estate attorney to represent the estate.

The situation is complex, but the only question I have is whether Bar Association Rule 9.1 (a) requires the estate attorney to withdraw, leaving my wife without the estate attorney to represent the estate.