Can an intestate succession be contested in court?
Yes, an intestate succession can be contested in court in California. Intestate succession law covers situations in which a person dies without a will. In such cases, the state makes decisions regarding how the property and assets of the deceased are distributed. When someone receives a portion of the assets that they believe they do not have a legal right to, they can file a lawsuit in court to contest the inheritance. The person filing the lawsuit must prove why they believe they should have received the inheritance in question. The court would then hear both sides and decide who should receive the inheritance. There are a variety of reasons why an intestate succession may be contested, such as if the deceased had provided verbal instructions to the heir that they believed superseded the rules of intestate succession. Or, the person contesting the inheritance may believe that their relative was coerced into changing the will by another party. No matter the reason for the lawsuit, the court must determine if the challenge to the intestate succession is valid and if the challenger has a legal right to the inheritance. If the challenge is successful, the court could then order the distribution of the assets and property as desired by the successful challenger. It is important to note, however, that contesting an intestate succession can be a lengthy and costly process, so it should only be done when necessary.
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