Probate Attorney in San Mateo, California

What type of disputes do you see in the area of probate?

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Lately, we’ve seen a lot of cases where
someone dies without a will or with a
will that is unclearly written or lacks
the formalities of a will. In those
cases,
the court is left to decide who are the
beneficiaries of this estate and and the
court has to look to the probate code.
But for example, a child who’s left out
of a will uh may claim that he or she
was accidentally left out. And in
certain cases, the court may may need to
write them back in or in other cases,
the will again may lack the formalities
that that a will or trust requires in
California law. So these issues arise
frequently where a will, which is far
far less formal than a trust, uh can
have defects in it that make it
vulnerable to attack.

San Mateo, CA estates & probate lawyer Jeffrey Loew talks about the kinds of probate cases that he handles. He indicates that recently, many cases have involved individuals who pass away either without a will or with a will that is ambiguously written or lacking the required legal formalities. In such situations, the court must determine the beneficiaries of the estate by relying on the probate code. For instance, a child who is excluded from a will may claim that the omission was accidental. In certain cases, the court may reinstate that child as a beneficiary. In other cases, the will itself may be invalid due to not meeting California’s formal requirements for a will or trust. These issues arise frequently, as wills—being far less formal than trusts—are more susceptible to defects that leave them open to challenge.

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