What Can I Do if My Family Is Fighting Over a Will in California?

 Posted on September 29, 2025 in Wills

When a loved one passes away, families hope to come together to support each other in their grief. Unfortunately, disagreements often come up during probate. Fights over a will can quickly become emotional and legally complicated, especially when real estate, businesses, or valuable assets are involved. If you are facing this kind of conflict, an experienced Los Angeles, CA inheritance dispute attorney can help you decide what to do.

Why Do Families Fight Over Wills in California?

Disputes often arise when siblings or other heirs feel the will does not reflect what their loved one truly wanted. Common reasons for this include:

• Belief that one sibling had too much influence over the parent in their final years

• Suspicion that the will was altered or signed when the parent lacked capacity

• Concern about how property, such as the family home, should be divided

• Disagreement over the executor’s handling of assets or accounting

In California, a will can be contested if there is evidence of fraud, undue influence, or lack of mental capacity. These legal standards ensure that only valid wills are enforced.

What Legal Options Exist for Inheritance Disputes?

If family members cannot agree, the dispute may go before the probate court. Depending on the circumstances, the court could order an accounting from the executor, remove an executor who is mismanaging the estate, decide whether the will is valid, or oversee the division or sale of estate property.

In cases involving real estate, such as when one sibling wants to sell and another wants to keep the home, California law allows for a partition action under Code of Civil Procedure § 872.210. This process can end up with the property being divided among heirs or sold with proceeds being shared fairly.

How Can Mediation Help With Family Disputes Over a Will?

Litigation can be expensive and time-consuming. Mediation offers families another way to resolve disagreements. With the guidance of a neutral mediator, heirs can discuss options and reach a compromise without the stress of a courtroom battle. Mediation often saves money, preserves family relationships, and provides more control over the outcome.

Contact an L.A. County, CA Inheritance Dispute Attorney

With more than 35 years of experience, Attorney David Schechet understands both the legal rules and the family dynamics that shape these cases. He looks for ways to resolve disputes early, which can save clients significant time, stress, and money. However, when necessary, he is fully prepared to take your case to court to protect your interests.

If your family is fighting over a will, it is important to act quickly before the situation escalates. At the Law Office of David Schechet, you will work with an attorney who has more than 35 years of experience in probate and estate planning matters. Call 800-282-4731 today to schedule your free consultation with a Los Angeles, CA estate planning lawyer who can help you protect your rights and find the best path forward.