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Give Us a Call Today!

Give Us a Call Today!

Give Us a Call Today!

WILL CONTESTS

Count On Our Team to Protect Your Interests

WHAT IS A WILL CONTEST?

A will contest is a formal objection to a will which is filed with the probate court. Will contests typically occur when a beneficiary or intestate heir claims the will does not accurately reflect the intention of the decedent. Generally, only two classes of persons can contest a will. These are those named in the will and those that would inherit the decedent’s assets had the decedent died without a w

Grounds for Contesting a Will

In order to contest a will, the person contesting the will must have an honest and good faith belief that the will does not accurately reflect the intention of the deceased. The grounds for contesting a will can include, but is not limited to, fraud, duress, undue influence and lack of capacity. The court will evaluate a totality of the circumstances and make a ruling based upon the court’s findings.

If you were named in a will or would inherit had the decedent died without a will, it is important that you speak with an experienced will contest attorney. The period in which you can file a will contest is limited.

Considerations of Contesting a Will

In certain circumstances it may not be in your best interest to contest a will. If the will contains a “no contest” provision and you are unsuccessful, you may forfeit all of your rights to take under the will. It is best to seek the advice and counsel of a knowledgeable and experienced will contest attorney who will review your issues and assist you in making the determination of whether or not to proceed with a formal objection to a will.

Our Firm’s Will Contests Practice

The will contest attorneys at Swingle, Van Egmond & Heitlinger have knowledgeable and practical experience in will contest matters. Our attorneys keep current on probate law and procedure. Our experienced will contest attorneys will address your concerns and evaluate the circumstances surrounding the issue to determine if contesting a will is in your best interest.

Call Swingle, Van Egmond & Heitlinger when you need sound legal advice from an experienced estate planning attorney. To speak with an estate planning attorney about your particular circumstances, call our estate planning lawyers at (209) 522-2211 or contact us here.

“This firm exemplifies how a multi-faceted group of attorneys can work together to achieve positive results.”

- James M.

CASE Results

We fight tirelessly to make sure we gain the best possible results for our clients.
Broadside Motor Vehicle Accident
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Recovered the policy limits when client was broadsided in an intersection.
Business Dispute
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Recovered $3,300,000 in buy-out and settlement of minority business owners in breach of fiduciary duty obligations of entity management action.
Business Dispute
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Recovered $1,200,000 in income producing property in family business dispute action alleging fraud and breach of fiduciary against majority owner family members wherein all income payments and distributions to client had ceased for multiple years.
Car Accident
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$8,500,000 recovery. Client was rear-ended on the freeway and suffered catastrophic injuries.
Dog Bite
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Plaintiff was bitten on the hand by his employer’s dog.
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Broadside Motor Vehicle Accident
Read More
Recovered the policy limits when client was broadsided in an intersection.
Business Dispute
Read More
Recovered $3,300,000 in buy-out and settlement of minority business owners in breach of fiduciary duty obligations of entity management action.
Business Dispute
Read More
Recovered $1,200,000 in income producing property in family business dispute action alleging fraud and breach of fiduciary against majority owner family members wherein all income payments and distributions to client had ceased for multiple years.
Car Accident
Read More
$8,500,000 recovery. Client was rear-ended on the freeway and suffered catastrophic injuries.
Dog Bite
Read More
Plaintiff was bitten on the hand by his employer’s dog.
Previous
Next

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