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Should I contest a will, if the siganuture's are fragulate but has a no contest clause? Second question is the an attorney that

San Luis Obispo, CA |

Should I contest a will, if the siganuture's are fragulate but has a no contest clause? Second question is the an attorney that would be willing to read and revies my case that lives close to San Luis Obispo California and as soon as possible?

Attorney Answers 3

Posted

You certainly need to have an attorney review the will ASAP and provide detailed information for why you think it is fraudulent. If it is in fact fraudulent, and you have something to gain from contesting it, that fact needs to be weighed against the risk of contesting it and being in violation of the no contest clause. Again, an attorney who reviews the will and discusses the situation with you can best guide you what makes sense in your case. You can click find a lawyer in Avvo to find one who can assist you. Good luck.

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Peter S. Myers

Peter S. Myers

Posted

Christine is correct. I would only elaborate that the contest statute has changed recently and it is not a given that the no-contest clause will be effective under current law.

Posted

Because of the no contest clause it is wise to be careful. In California, the clauses while disfavored are strictly construed and enforced if violated. There are exceptions to application for good faith challenges. Challenges for forgery are direct contest. If you have probable cause you are safe but this should be analyzed by a probate litigation attorney. See Probate Code SEction 21300 et seq.

If there is no one on AVVO in the SLO area, contact the county bar for a referal. Jurisdiction for the trust matter would be the county where the trustee resides and administers the trust.

The general advice above does not constitute an attorney-client relationship: you haven't hired me or my firm or given me confidential information by posting on this public forum, and my answer on this public forum does not constitute attorney-client advice. IRS Circular 230 Disclosure: In order to comply with requirements imposed by the Internal Revenue Service, we inform you that any U.S. tax advice contained in this communication (including any attachments) is not intended to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing, or recommending to another party any transaction or matter addressed herein.

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Posted

The decision to contest a will is usually a business decision that you will have to make. You need to decide how much the estate is worth and what it will cost and then weigh the two issues. I suggest that you talk to an attorney on this and I am sure that if you opend the phone book in SLO county you can find an attorney to talk to about this matter.

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