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August 10, 2007

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.

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