Q: what can i do if a will has been filed by a non family member?
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A:
Under California law, if a will has been filed by a non-family member, and you have concerns or believe that the will does not accurately reflect the decedent's intentions, you have the right to contest the will. To do this, you must have legal standing, meaning you would have been entitled to inherit under the will or under California's intestacy laws if the will is deemed invalid.
The first step is to file a petition in the probate court challenging the validity of the will. Grounds for contesting a will might include lack of testamentary capacity, undue influence, fraud, or that the will was not executed in compliance with California law.
It's crucial to act within the time limits set by California law for contesting a will. Typically, this must be done before the probate process is completed.
Given the complexity of will contests and the specifics of probate law, it's advisable to consult with a lawyer who can assess your situation, explain your rights, and help you navigate the legal process. A lawyer can also represent you in court, if necessary.
Remember, each case is unique, and the success of a will contest will depend on the evidence available to support your claims.
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