The fight over Michael Jackson’s estate continues with his father, Joe Jackson, being granted an Oct. 6 hearing date on an appeal he has made to remove the trustees named in Michael’s will.  The King of Pop’s 2002 will excluded his father completely; Joe says he deserves to play a role in decisions about the estate since he was financially dependent upon his son.

To contest a California will, you must meet certain criteria.   First, you must have legal standing to contest a will, which means that you were either named in the will, were named in a previous will or could have received a portion of the estate under California intestacy laws.  Generally, the rule is that the person contesting the will must have a financial interest that will be adversely impacted by probate of the will.

You must also have a valid legal reason for contesting the will, which in California can include fraud, undue influence, lack of capacity, menace, misrepresentation, duress, forgery, lack of due execution or forgery.

California is one of only a few states that enforces no-contest clauses in a will, which means a beneficiary may lose everything if they fail to make their case in contesting the will.  A California probate attorney is your best resource for determining if you meet the criteria and have a valid claim for contesting a will in California.