Dealing with Fraud or Mistake in Estate Planning

Unfortunately, often times the elderly become a target for fraud, and this extends into the area of estate planning. If you have loved ones that are entering into their twilight years and need assistance, you should be careful who drafts their estate planning documents, in addition to caretakers or others that prey on the elderly.

If you suspect that a loved one has been the victim of fraud, you may be able to invalidate the will. Additionally, if there is an issue of mistake, the will may also be invalidated. For example, courts have invalidated a will for mistaken belief when the testator signed a document which he or she believed was something else, for example a sales contract but was in fact a will. This is a case of a mistake where the courts will invalidate a will because it was not the testator's intent to sign a will and having the intent to create a will is one of the basic requirements of wills drafting. If you are concerned with drafting your will or have a question about an existing will which is currently in probate you should consult with a Los Angeles probate attorney.