One challenge you might be facing as a relative to a recently deceased family member is that of being a pretermitted heir, meaning someone who has been omitted from a will. This occurs surprisingly often, sometimes because the decedent’s mental state was confused in their elderly age or because they were suffering from a memory lapse from an illness like Alzheimer’s.
At other times, a decedent might mistakenly assume that the rest of their estate would be automatically distributed to the person closest to them, such as a spouse, so they neglect to even name their partner as a beneficiary. Section 21610 and section 21620 of the California Probate Code detail how spouses and children can still be entitled to elective shares although they were not specifically named.
Counsel You Can Trust
When it comes to re-examining the terms of an estate plan, you will want someone who is not only well-versed in the deep complexities of litigation, but one who can navigate through all the delicate, emotional scenarios which could occur with family members as well. Our estate litigation lawyer in Laguna Woods can give you supreme legal guidance while gently negotiating compromises.