Intellectual Property
Contact Us

Local 626-269-6753

Toll Free 888-827-8880

Enriching Life Through Innovative Ideas SM

您可以被踢出他人的遺囑嗎？

| Aug 12, 2015 | Chinese

作爲親人遺囑里的繼承人或接受者，收到給予您的財產的過程不一定一帆風順。尤其是如果您發現您被遺囑的主人之外的人”踢出去”了，例如遺囑主人的配偶或您的繼父繼母。適當的反駁步驟包括在法庭上情願，辯駁這份遺囑的有效性。如果遺囑上是用塗改液塗掉的那那份遺囑應該很難有法律效應。可是如果沒有任何人對提出某個繼承人提出異議，那能辯駁的機會就看時間過了多久而變少了。如果因爲這種非正規的更改而使一份遺囑無效，法院可能會完全丟棄不看這份遺囑而按照”各州繼承法”來分配過世人的金錢與財產，就像完全沒有立遺囑一樣。
在普遍案例中，沒有遺囑的情況下，法院會分配所有的金錢與財產給過世人的配偶。可是您還是有權利來駁辯那份遺囑，并證明遺囑的主人的”真正意願”是想要把資產留給您的。如果您不下措施，財產就會正式進入遺囑檢驗（probate），除非您能證明欺詐，接下來的1-2年内您就不能駁辯這個過程。證明欺詐的存在也是有可能的。如果更改遺囑的人真的用塗改液來修改遺囑那就算是欺詐。所以最好的辦法還是讓遺囑的主人按期更新修改遺囑，確保任何修改都不會在他/她去世后引起混淆，有遺囑被判無效的危險。 

Bg SubscribeSubscribe To This Blog’s Feed

FindLaw Network

What Our Clients Say

Starting a new business can be a bit scary. Aside from worries of failure, there’s also the hassle of making sure all legal paperwork are properly filed. I reached out to Mr. Wang (Tommy) because of his excellent reviews and reputation and I am so glad I did. He was thorough and meticulous in answering all of my concerns and took time to find out special laws and policies regarding the kind of business I am starting. I could focus on the daily practical side of starting my new office without worry because I felt Tommy was reliable and took my case seriously. My business is opened and it’s all been a smooth start because of Tommy’s help. I have plans to start another business venture in the next few years and I already know I’ll be coming back to Wang IP Law.

The Shindig W.

I came to Tommy for help reviewing a licensing agreement I had secured with a well-known manufacturer. Tommy made sure I understood all the details in the contract and he negotiated with the company to improve my side of the deal. I mentioned to Tommy at my first consultation that we were looking to expand throughout the US and were investing a lot of money to make a big entrance into the market. I did not think I would have my store open so soon but Tommy also has connections with the local area and realtors to help me secure the location for my first store in the Los Angeles area. Tommy works a lot with the local businesses and he understands how to transition from the Asian market to US market. Within 8 months my store was open for business and fully operating. I must recommend Tommy to any business owners looking for help with contracts and improving their side of the deal. Tommy has the knowledge and experience to make sure there is a smooth process to open for business here, and make sure that your company is set up for success.

LI H.

I think Tommy and his team by far considered the best people to work with in my 16 business years. Beside quick responses to all my inquiries, they also done things right and providing very professional solutions. I’m highly recommending Tommy and his firm to all business owners.

Calvin C.

I have been working on my Utility Patent for almost 4 years. I have hired and fired two very reputable IP firms because with all their expertise and reputation for being some of the top firms in IP Law, I felt a lack of connection and care in my product, time and financial investment. Then I found Tommy and his team. Tommy does not waste time. He and his team are professional and extremely thorough. After 4 years, I finally found a legal team that I felt spent the time to really understand the components of my utility patent. Tommy also very mindful of cost and how and where my money would be better spent. I really feel I am in great hands with Tommy and his team. They have been patient with my revisions. And most importantly, they made me feel that they fully understood the importance this patent is to me. It has been a great and comforting pleasure working with Tommy.

G.L.

Read All