Q: Beneficiary hired an attorney to represent her in a Will contest, the court had already found the will tobe ambiguous.

A: Under California law, when a will is deemed ambiguous by the court, the beneficiary contesting the will has specific rights. One primary right is the ability to present evidence to clarify the ambiguity. This could include testimony about the testator's intentions or circumstances surrounding the will's creation.

The attorney representing the beneficiary has certain responsibilities in this situation. The attorney must diligently investigate and gather relevant evidence to support the beneficiary's position. This includes interviewing potential witnesses, collecting documents, and possibly consulting with experts who can provide insight into the testator's intent.

Additionally, the attorney should provide informed legal advice to the beneficiary about the strengths and weaknesses of their case. This involves analyzing how the law applies to the specifics of the ambiguous will and the evidence available. The attorney is also expected to advocate zealously on behalf of the beneficiary in court, presenting arguments and evidence in a compelling manner to support the beneficiary's interpretation of the will.

It is also crucial for the attorney to maintain clear and regular communication with the beneficiary, keeping them informed about the progress of the case and any developments that may affect their legal strategy or the potential outcome. The attorney should also counsel the beneficiary on potential risks and benefits of different legal options, including the possibility of settlement or mediation.

Overall, the attorney's role is to guide the beneficiary through the legal process, ensuring their rights are protected and their interests are effectively represented in the will contest.