When a spouse passes away in Orange County, disputes over inheritance can arise quickly. California law gives surviving spouses certain rights, but those rights do not always match the terms of a will or trust. These conflicts, known as spousal contests, can be highly emotional and legally complex. At OC Trial Group, APC, we help clients in Orange County and throughout California understand their options and take steps to protect their interests.

Common Reasons for Spousal Contests

Spousal contests often arise when a surviving husband or wife believes they have not received their fair share of the estate. Some common reasons include:

  • Omitted or disinherited spouse: A will or trust may intentionally or unintentionally leave out a current spouse. California law provides rights for an “omitted spouse” under certain circumstances.
  • Spousal property rights in California: Unlike many states that use an elective share system, California relies on community property law. A surviving spouse cannot be completely disinherited because they are entitled to their half of community property. Disputes often arise when separate and community property are not clearly distinguished, or when a will or trust appears to cut the spouse out entirely.
  • Validity of estate documents: A spouse may contest a will or trust if they believe it was signed under undue influence, fraud, or lack of capacity.

Legal Grounds for Contesting

A surviving spouse must have legal standing to contest a will or trust. Some recognized grounds include:

  • Undue influence: Alleging that another party pressured the deceased into signing documents that cut out the spouse.
  • Lack of capacity: Claiming the deceased lacked the mental capacity to understand what they were signing.
  • Fraud or forgery: Showing that estate documents were altered or signed under false pretenses.
  • Improper execution: Proving that the will or trust did not meet California’s legal requirements for validity.

These grounds must be supported by evidence, which often requires financial records, witness testimony, and medical evaluations.

Strategies for Resolving Spousal Contests

Spousal inheritance disputes can be highly personal, but there are legal strategies to address them:

  • Negotiation and mediation: Many cases can be resolved outside of court through structured settlement discussions. This approach saves time and reduces family conflict.
  • Litigation: If an agreement cannot be reached, a court will decide the outcome based on California inheritance laws and the evidence presented.
  • Tracing property rights: In cases involving community versus separate property, careful tracing of financial records is often required to establish ownership.
  • Protective filings: Surviving spouses may need to file timely claims in probate court to preserve their inheritance rights.

How We Can Help

At OC Trial Group, APC, we represent clients on both sides of spousal contests. Whether you are a surviving spouse asserting your rights or a beneficiary defending against a claim, we will help you understand your options and build a strong case. Our team works closely with clients to gather evidence, develop strategies, and pursue resolutions through settlement or litigation when necessary.

FAQ: Spousal Contests in California

What is a spousal contest?

A spousal contest is a legal dispute involving a surviving spouse’s inheritance rights. These cases often arise when a spouse is left out of a will or trust, or when there are disagreements about community property and separate property.

Can a spouse be disinherited in California?

In some situations, yes. However, California law provides protections for omitted spouses who were unintentionally left out of a will or trust. A disinherited spouse may also challenge the estate plan if there is evidence of undue influence, fraud, or lack of capacity.

How long does a spouse have to contest a will or trust?

In most cases, you must act quickly. For trusts, you generally have 120 days after receiving a Notice of Trust Administration to file a contest. For wills, challenges are usually due within 120 days after notice of the probate petition. Courts rarely allow late contests unless notice was improper or fraud is discovered.

Do spousal contests always go to court?

Not always. Many spousal inheritance disputes can be resolved through negotiation or mediation. If those efforts fail, litigation may be necessary for a judge to decide the outcome.

Protecting Your Rights as a Spouse

Spousal contests can quickly become complicated, especially when large estates or blended families are involved. California’s inheritance laws are designed to protect surviving spouses, but asserting those rights often requires experienced legal representation.

If you are facing a dispute over a spousal inheritance claim in Orange County, we encourage you to contact OC Trial Group, APC. We will review your situation, explain your legal options, and help you take the next steps to protect your interests.