What Happens When your Sibling Disputes your Parent’s Will

The death of a parent can be a very stressful time in the life of siblings. Unfortunately, after a parent passes away, disagreements over finances can cause bad blood.

It is not uncommon for a sibling to contest a will if they feel slighted or if there is some other issue. If you find yourself in that situation, you and the other siblings may need the help of an inheritance recovery attorney.

What Is A Contested Will?

According to probate law, wills can only legally be contested by a spouse, children, or someone else already listed in the will. These individuals have the option of alerting the court to a perceived problem with the intention.

A sibling cannot have a will overturned for frivolous reasons such as feeling left out or being mad at the other siblings. Will contests have to be done during probate, and there has to be a valid legal question regarding the process.

There are four legal reasons why a will can be contested:

The signing and witnessing of the will – If there is no witness or if there is a question as to whether or not the signature is legitimate, it can be contested on those grounds.

The parent’s mental capacity at the time of signing – This is the most common reason for contesting the will. Every state has a different standard. However, if there is some question about the parent’s mental capacity, the will may be able to be contested.

Claims of fraud – This can take place when an individual has the person sign the will under pretenses. For instance, the will could be doctored, or it may not even be the will, but the person is led to believe it is the will they are signing.

Under the influence – If the parent is under the influence of alcohol or drugs when they sign the will, this could be a reason to contest it.

A sibling who contests the will should know that it can be a long, drawn-out process. Most of the time, the cases have no merit. If the contesting of the will has value, the entire will can be tossed out. If that is the case, the court may defer to an earlier will that was drawn up. The court could also distribute the assets according to state law.

Siblings are advised to try and work through their problems. Bickering and in-fighting serve no purpose. All it does is delay the process and deepen the rifts. By the time this is finished, you may well have eaten up a good portion of the assets through legal fees.

But if the situation arises where a sibling decides to challenge the will, you should reach out to an inheritance recovery attorney as soon as possible. They will help you understand your rights under your state’s law. Don’t delay. Call and get a free consultation.

What To Legally Expect After A Car Accident or DUI

Not many people know exactly what to do after they have been in a car accident in which they were the driver of the vehicle involved. This is why we decided to highlight the main laws and requirements in California surrounding the procedures following an accident. It is imperative that all citizens be informed of how to deal with these traumatic events.

Reporting A Car Accident

It is stated in the California Vehicle Code, section 20008, that the driver of any car accident has 24 hours in which to report the car accident in writing to either the local Police Department in the city that the accident occurred or the California Highway Patrol.

If the driver mistakenly reports the accident to the agency who is not in charge of the investigation, that particular agency is required to forward the necessary documentation to the agency in charge of the car accident investigation.

State Agency – California Department of Motor Vehicles

If you are wondering whether you are required to report your car accident to the California Department of Motor Vehicles, here is your answer:

There are times in which you are required to report a car accident to the California Department of Motor vehicles. When you do so, you have ten days from the time of the accident in which to report it.

You have to report the accident if anyone in the collision was injured or killed. You also are required to report it if any property damages incurred as a result of the accident amount to $750 or more.

California Statute of Limitations

According to the California Code of Civil Procedure, section 335.1, states you have two years in which to file an action suit. This is only allowed to be filed if you or any occupant of the vehicle involved in the accident has suffered life-threatening injuries or a person died as a result of wrongful, negligent driving or behavior.

Driving Under The Influence

The blood-alcohol levels of drivers in California, which are considered illegally over the limit, vary according to the general public, commercial truck drivers, and minors.

Adults with a blood-alcohol level over 0.08% will be arrested by police officers and charged with Driving Under the Influence. This is commonly referred to as a DUI. Commercial truck drivers who are found with blood-alcohol levels of 0.04% and more will be charged accordingly. Minors under the legal drinking age of 21 found with blood-level alcohol levels of 0.01% or more are also formally charged.

There are several penalties which are given to DUI offenders which mainly includes monetary fines, imprisonment, and the confiscation of driving privileges. However, each offense has more penalties than the last offense being a second, third, and fourth offense violation.

The Legalities of Cannabis in California

There is a lot of controversy throughout the United States regarding the complexities of the legalization of cannabis in every state of America. Most of the controversy is due to whether the different derivatives of cannabis, hemp versus marijuana, should both be nationally legalized for medicinal and recreational use.

The legalization of cannabis for medicinal and recreation use is a big positive in the state of California. 1972 saw the first attempt to legalize cannabis by ballot in the United States of America.

The Compassionate Use Act of 1996 was the motivating factor for California becoming the first state in the United States to officially legalize cannabis. California residents voted and there were enough votes to pass the Adult Use of Marijuana Act which resulted in the legalization of the recreational use of Cannabis.

People over the age of 21 have legal protection of Proposition 64 to possess and purchase one ounce or less of Cannabis. This includes being allowed to have up to six cannabis plants located on their private property as long as it’s not seen from outside the boundaries of the premises. Individuals are allowed to smoke and ingest it as well as advertise the sale of cannabis.

There are certain restrictions in the Californian law surrounding cannabis which includes the prohibition of smoking cannabis where cigarettes are disallowed. This also includes the restriction of the possession or use of cannabis near schools, creches, or youth centers.

One other restriction, amongst many others, is not being allowed to use cannabis while driving or occupying a vehicle.

Despite the very welcomed legalization of cannabis in the state of California, always ensure you abide by the laws of cannabis use in and around the state. All in all, practice the recreational use of cannabis responsibly.