Wade Law Group
offices Throughout california Call for a location near you

Are you concerned that wrongdoing affected your loved one's will?

After the passing of a loved one, emotions can certainly run high. You may want to reminisce about the good times you had with the person and smile, but you will likely also feel grief and contend with tears as you think about your future without that loved one. However, you may feel some comfort in knowing that your loved one left you something in his or her will.

Whether you anticipated the inheritance because you had discussed the matter with your loved one previously or simply because you are a close family member, you may have felt shocked when you received very little or even nothing at all. If this outcome runs counter to what your loved one had previously indicated as his or her wishes, you may have concerns that wrongdoing took place.

Issues during probate

The probate process is used to settle the final affairs of a deceased individual. If the person created a will, the executor must submit the document to the court for approval and then follow the instructions in the will when closing the estate. However, issues can arise during probate that make you and possibly other beneficiaries feel that something has gone awry. For example, if one person is heavily favored in the will over other family members or certain people have been left out entirely, something untoward may have happened.

Problems with a will

If something of concern has taken place, you may wonder whether someone committed wrongdoing in an effort to gain more benefit from your loved one's estate. Unfortunately, any of the following problems could occur that lead to issues with a will:

  • Undue influence: If a person is of an older age, has mental issues or is otherwise in a vulnerable position, it is possible for another person to unduly influence that individual's decisions. Undue influence in terms of a will could mean that a person influenced a vulnerable individual to change his or her will to favor that person.
  • Testamentary capacity: This capacity is having the ability to soundly make decisions when creating a will. If a person changed or created a will while living with severe dementia, while under the influence or while otherwise unable to make sound decisions, the will may not be valid.
  • Fraud or forgery: In some cases, rather than influencing a person to change his or her will, another individual could create a fraudulent document and attempt to submit it to a California court.

These examples are only a few that could result in a will needing further review. If you believe that something unseemly resulted in you receiving nothing or less than what you expected, you will want to gain information on your legal options for contesting the will through probate litigation.

No Comments

Leave a comment
Comment Information

Call 408-842-1688 or toll free at 855-656-7590 or send a confidential email to request a case evaluation. Office locations located all throughout the state.

Get In Touch With Us Today

As litigation attorneys in San Jose, we have handled complex cases and obtained real results for individuals throughout the Bay Area and beyond.

Whether you are a business owner who needs help resolving a breach of contract dispute or a parent looking for skillful guidance regarding a custody dispute, let a skilled, successful team of attorneys help you.

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

This site uses Google's Invisible reCAPTCHA, which is subject to Google's Privacy Policy and Terms of Use.

Our Locations

San Jose Office
84 West Santa Clara Street
Suite 750
San Jose, CA 95113

Toll Free: 855-656-7590
Map & Directions

Mountain View Office
800 West El Camino Real
Suite 180
Mountain View, California 94040

Toll Free: 855-656-7590
Map & Directions

San Mateo Office
951 Mariners Island Blvd
Suite 300
San Mateo, California 94404

Toll Free: 855-656-7590
Map & Directions

Gilroy Office
8080 Santa Teresa
Suite 240
Gilroy, California 95020

Toll Free: 855-656-7590
Map & Directions

Oakland Office
1901 Harrison Street
Suite 1100
Oakland, California 94612

Toll Free: 855-656-7590
Map & Directions

Alameda Office
1101 Marina Village Parkway
Suite 201
Alameda, California 94501

Toll Free: 855-656-7590
Map & Directions

San Francisco Office
One Market, Spear Tower
36th Floor
San Francisco, California 94105

Toll Free: 855-656-7590
Map & Directions

San Francisco Office
1700 Montgomery Street
1st Floor
San Francisco, California 94111

Toll Free: 855-656-7590
Map & Directions

Alameda County Satellite Offices:
San Francisco County Satellite Offices:
Email Us For A Response

Visit Our Social Media Sites

Bold labels are required.

This site uses Google's Invisible reCAPTCHA, which is subject to Google's Privacy Policy and Terms of Use.