The reading of a last will and testament has frequently served as a plot point in movies and TV. Often, the beneficiaries’ inheritance is contingent upon some humorous requirement or it’s an opportunity for the off-screen decedent to have the last word (“...and to my first wife Anne, whom I promised to acknowledge in my will, ‘Hey, Anne!’”). When there is a real issue with a trust or will, however, the experience is no laughing matter.
Whether the dispute involves a question of the document’s purported legitimacy, a perceived omission or an error in its drafting, a will can be contested even if it has been subject to probate. Challenges to a trust or will can be asserted by any interested person, be they a spouse, domestic partner, children or other heirs, creditors and other possible claimants, regardless of their relationship to the decedent. Even beneficiaries from an earlier version of a will, whose interests are abrogated by a substituted will, have the right to contest the latest version of the will.
Disputes can arise with a trust or will when beneficiaries learn of changes made to an estate plan when the decedent might not have been fully capable of issuing such changes. Someone may recognize that undue influence or pressure was applied.
Palo Alto Lawyers Committed to Avoiding Unnecesary Litigation
Gilfix & La Poll Associates has an estimable litigation team, which is committed to avoiding the lengthy and costly process of appearing in court. However, we are prepared and quite able to escalate disputes of this nature with aggressive, targeted deployment of the full breadth of our litigation services whether we’re bringing or defending a claim against a trust or will.
Given our more than 30 years working in estate planning and elder law, we are confident of our ability to contest and rectify a trust or will and achieve the results desired by our clients. Just because it’s a “last will and testament” doesn’t mean it’s necessarily the last word. Unless, of course, if it’s written by Gilfix & La Poll Associates.
"Mr. Gilfix is an alert and attuned listener. Wow, what a difference! Our meeting built more confidence and emotional support concerning the directions I have taken."
Helping families with trust & will contests in San Jose, Cupertino, Mountain View, Los Altos, Menlo Park, San Mateo, Fremont, Palo Alto, Santa Cruz, Santa Clara County, Alameda County, and San Mateo County.