Law Office of Mitchell A. Port Serving Los Angeles
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Will Contests Over Four Decades of Experience Working Towards Your Goal

Los Angeles Will Contest Attorney

Challenging or Defending the Validity of a Will

A will contest is a legal challenge to the validity of a will, filed in the Los Angeles County Superior Court probate division. Contests are more common than many families expect, particularly when a will was changed shortly before death, when one heir received significantly more than others, or when the deceased was elderly, ill, or dependent on the person who benefited most.

The Law Office of Mitchell A. Port represents both petitioners who believe a will is invalid and executors or beneficiaries defending a will against challenge.

Grounds for Contesting a Will

California law recognizes a limited set of grounds for invalidating a will. These include lack of testamentary capacity, meaning the testator did not understand the nature of their assets or the effect of the document at the time of signing; undue influence, where someone used their position of trust to substitute their own wishes for the testator's; fraud or forgery; and improper execution, such as missing witness signatures. Simply disagreeing with how an estate was divided is not, by itself, grounds for a successful contest.

Who Has Standing to Contest

Only an interested party, generally someone who would inherit under a prior will or under intestate succession if the challenged will were thrown out, has standing to bring a contest. Beneficiaries under the current will may also object if they believe a more favorable prior version should control. We evaluate standing carefully at the outset, since bringing a contest without proper standing can result in early dismissal.

No-Contest Clauses and Timing

Many wills include a no-contest clause intended to discourage challenges by disinheriting anyone who contests the document and loses. California Probate Code sections 21310 through 21315 significantly limit when these clauses can actually be enforced, so a no-contest clause is not always the deterrent it appears to be on paper. Timing also matters. Once a will is admitted to probate, there are strict deadlines for filing an objection or contest, and missing that window can foreclose the challenge entirely.

Frequently Asked Questions

How long do I have to contest a will in California?

Deadlines vary depending on the stage of the probate proceeding and the specific grounds asserted. In general, an objection must be filed before the will is admitted to probate, or shortly after, so acting quickly once you learn of a questionable will is critical.

What evidence is needed to prove undue influence?

Courts look at factors such as the influencer's relationship to the testator, the testator's vulnerability due to age or illness, whether the influencer was active in procuring the will, and whether the result was unnatural or inconsistent with the testator's prior expressed wishes. Medical records, financial records, and witness testimony often play a central role.

Call (310) 526-3433 to discuss a potential will contest with a Los Angeles probate litigation attorney at the Law Office of Mitchell A. Port.

    "I highly recommend Mitchell A. Port"
    Living outside California, I needed an attorney from the Los Angeles area to handle my difficult LA Probate case. I went online and fortunately found a very experienced Probate Attorney in LA named Mitchell A. Port. Mitchell took my Probate case and did an excellent job helping me navigate through the intricacies of the LA Court Probate system. He quickly responded to any questions I had and was extremely knowledgeable about the steps required to complete the entire Los Angeles County Probate process. I highly recommend Mitchell A. Port to handle any of your future needs concerning the LA Court Probate system.
    - Randall
    "Knowledgeable, Personable and Results-oriented"
    Mitch is a great attorney - knowledgeable, personable and results-oriented. He helped me work through a challenging probate issue and his expertise was invaluable in terms of moving the case forward. Two thumbs up and five stars from me.
    - Jason
    "I found Mitch online and it was the best click I ever made"
    When I needed a probate attorney I found Mitch online and it was the best click I ever made. Thanks, Mitch
    - Norman S.
    "My brother and I have been so fortunate that my father chose Mitch Port to create his Trust!"
    My brother and I have been so fortunate that my father chose Mitch Port to create his Trust!
    - Cathy W
    "Mitch is compassionate, extremely knowledgeable and professional"

    Mitch is compassionate, extremely knowledgeable and professional

    - Lynne
    "Mitchell met my highest expectations."
    Mitchell met my highest expectations.
    - LaTrisha M
    "Mitch was awesome throughout this entire process and made this a stressless process."
    Mitch was awesome throughout this entire process and made this a stressless process.
    - M. C.
    "Probate cases can be difficult but attorney Mitchell Port makes them easier to understand."
    Probate cases can be difficult but attorney Mitchell Port makes them easier to understand.
    - Glendene W.
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