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What Does Appellate Have To Do With A Probate Case (And Why You Need An Attorney)

When a person dies and leaves behind a will, it will go through probate court to be adjudicated. While this process generally has few problems most of the time, there are instances where certain parties who may or may not have been mentioned in the will disagree with a decision made by the probate court. When this occurs, they will have the right to appeal the decision. If you find yourself in disagreement with the probate court and choose to appeal the decision, you will need to rely on probate attorneys in Brea CA at the Fridley Law Firm.

Filing a Notice of Appeal

This notice, which must be filed with the probate court, notifies all parties that an appeal is taking place. In doing so, it immediately places a stay on any further action by the court until the appeal is heard.

Identifying Grounds for Appeal

For many people, just being left out of a will often has them believing they can appeal a probate court decision. However, it will be far better if they have spoken to experienced probate attorneys in Brea CA at the Fridley Law Firm before trying to do so. To have the best chance of winning an appeal, you will first need to identify grounds for appeal, such as the deceased was incapable of thinking clearly at the time the will was written, the will was completed under duress, or the will is in fact phony. Whatever the case may be, always discuss your case in great detail with your attorney to determine if you have valid grounds for an appeal.

Since carrying out the final wishes contained in a will stir emotions within all parties involved, always try to use common sense and good judgment in these matters. To do so, consult with probate attorneys in Brea CA at the Fridley Law Firm.

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