Will Contest Litigation Attorney in Texas
The landscape of litigation involving contested wills in Texas has become a recurring reality. The unfortunate event of a loved one’s passing often unveils deep-seated family disputes and mistrust within some families. Betrayal compounds the grief, and instances arise where family members suspect the destruction, concealment, or alteration of a will by another family member before or after the loved one’s death.
Yearly, we encounter numerous cases where family members harbor beliefs that someone within the family has manipulated or hidden a will. Allegations extend to claims of exerting undue influence on the deceased to sign a new will favoring an unexpected family member or a close friend. Some cases involve accusations of altering a will to allocate a disproportionate share to specific family members. Additionally, instances where a person is completely excluded from the will without apparent reason are not uncommon. In most scenarios, these situations involve claims of undue influence or outright fraud.
Challenging Undue Influence in Making a Will
If you suspect and possess compelling evidence of undue influence or any questionable and unlawful acts mentioned above, and you stand as an interested party or would have been a beneficiary under a will, you can initiate a will contest when the court first addresses the probate of the will or estate. Alternatively, you have up to 2 years after the will is admitted to probate to file a contest. Engaging an experienced attorney specializing in Contesting Mental Capacity to Make a Will is crucial. You can file the contest within the existing probate action or submit a motion to overturn the probate if the estate has already been probated. To build a compelling case, you and your attorney will gather facts following evidentiary rules, utilizing discovery, witnesses, circumstantial evidence, and possibly handwriting or other experts. Preparing such a case tends to be costly due to the extensive work needed to piece together evidence and prove the wrongdoing.
Another significant challenge to a will is grounded in a lack of testamentary capacity. According to the Texas Estates Code, an individual making a will must be of sound mind at the time of will execution. This is a factual matter decided by a judge or jury, considering documents, witness testimony, and input from medical experts regarding the deceased’s mental state. Texas employs a five-part test to assess testamentary capacity, with a standard lower than that for executing a contract. Notably, capacity is evaluated at the time of will execution and is not a reflection of the deceased’s overall mental condition. Thus, evidence of incapacity must be closely aligned with the time of will execution for maximum persuasiveness.
Contact our Contesting Probate lawyer at Stepp Law PLLC
Our legal team at Stepp Law PLLC possesses profound expertise in handling will contest cases, understanding the essential elements required for a proper will contest. We are not only highly skilled in Contesting Lack of Mental Capacity but also well-versed in the intricate laws governing wills, probate, and contests. If you are genuinely committed to challenging a will and believe you have pertinent facts to support your case, we urge you to contact us promptly. Our attorneys are ready to engage in a thorough discussion to assess the merits of your situation and provide guidance tailored to your specific circumstances.
