Will Contentment Attorneys in Houston Helping You Challenge a Will
If you don’t agree with a loved one’s will, you will need a strong case and valid and legitimate reasoning to contest it. Wills are respected legal tools, and the court does what it can to uphold a deceased person’s wishes.
In death, it’s only natural for emotions to run high among family members. Emotions do not influence the court’s decision; only facts and evidence in line with Texas state law are recognized.
People can dispute a will for many reasons, including poor mental health or incapacity of the testator when the will was written, the age of the will, and much more. In the instance you are unhappy with a will and the decisions of a loved one, you can challenge the will in probate court.
If you are in a position to contest a will, however, our will contentment lawyers have hands-on experience in building sound cases that demonstrate proof and legitimacy related to challenging a will.
Speak with an estate planning attorney to see how you can avoid will contentment, or talk to a will contentment lawyer to see if you have a case: 281-214-6541.
What is a Will?
A will, also known as a “last will and testament,” is a legal document that outlines your final wishes, special arrangements, and how you would like your assets distributed upon your death.
When you establish a will, you assign a primary executor to facilitate your will and distribute your assets according to your instruction. A will only go into effect after death, never before.
Additionally, if you have any minor children, a will is an important legal step in making sure your children have a guardian and are taken care of your in your absence.
There are four types of wills, including:
- Simple will: A simple will highlights who will inherit your assets and belongings after your pass away
- Testamentary will: A will that is used to transfer holdings in an estate to other people or organizations after death
- Joint will: A joint will is used to pass along an estate to a spouse first, then any children. Joint wills are sometimes used in business relationships to pass along commercial property or business assets.
- Living will: For life-sustaining procedures, feeding tubes, and other end-life care needs, a living will allow a person and its executor to make critical decisions when illnesses or situations become terminal.
Our wills lawyers can help you articulate your intentions with a legally-sound will, or if you don’t agree with what a family member left you (or didn’t leave you, for that matter), speak with one of our will contentment lawyers to review your options.
How Do I Contest a Will?
Per Texas law, under Texas Probate Code Section 93, an interested party, likely a direct family member, can legally dispute a will’s validity by filing a formal lawsuit.
An individual must comply with the rule that they only have two years to contest a will after it’s admitted into probate court for processing. Based on your situation, our wills lawyers can quickly determine if contesting a will is possible and if your case is potentially viable.
In certain circumstances, a person might contest the validity of a will. Examples of these scenarios include:
- Lack of testamentary: In this instance, a person might claim the owner of the will lacked the mental capacity to make decisions for themselves. This could be a person under guardianship.
- Undue influence: Excessive persuasion that might cause another person to feel bullied or pressured into entering into an agreement that infringes on a person’s free will and decision-making is not allowed. As a result, a person’s vulnerability could sway them to make decisions they normally would not have made.
- Due execution: If there was a missing witness or a missing signature as the will was written, lack of due execution is a reason to contest a will in Texas.
- Non-compliance issues: Complex estates or multiple heirs might add challenges and cause the contentment of a will.
If you have an interest in contesting a will, and you feel confident that you have proof to question a will, book a free consultation with one of our will contentment lawyers. We have years of expertise in handling challenging cases and can offer guidance and legal support: 281-214-6541.
How Do I Avoid Will Contentment?
You can take all of the right steps and plan effectively, and there still might be angry or upset family members interested in pursuing your assets. The purpose of creating a will, trust, or estate plan is to protect your assets and control who gets your hard-earned property.
Our probate attorneys can work through some of these “what if” scenarios so you can consider some of these tips to avoid will contentment down the road:
- Work with a wills lawyer like the Hatchett Law Firm, PLLC to assist you in drafting and executing your will, as well as incorporating witnesses to make it official.
- Communicate with your family members, as best you can, as to why you made the decisions you made. You can also include this information, if a conversation isn’t possible, in your letter of intent.
- Prove competency so a disgruntled family member cannot argue or contest the will later. Our attorneys can test you for competency or recommend a physician or outside party to do so if necessary.
- Don’t include family members in the creation of your will. Use only non-biased parties to avoid internal conflict or challenges from family members down the road.
- Consider a video will creation and signing. This could include a recording of you during the will creation process and the signing. You could include the mental capacity test, too, for added demonstration of capacity.
Our will contentment lawyers with The Hatchett Law Firm, PLLC protect families for a living. We will work tirelessly to fill any gaps and consider all potential scenarios to protect your estate and avoid contentment issues.
Why Book a Free Consultation with a Will Contentment Lawyer?
The Hatchett Law Firm, PLLC is a seasoned group of estate planning attorneys with wills, trusts, and probate knowledge and skill. This includes hands-on experience navigating the challenges of will contentment as disputes and issues arise.
Pick up the phone today if you believe a loved one was not of sound mind, was unethically influenced, or created their will too long before their death. You do not have to go through the probate process alone, and having our attorneys at your side will give you leverage in court.
When it comes to defending and protecting your assets, there’s no better partner than The Hatchett Law Firm, PLLC. We help you understand your rights, strategize the best solutions for your situation, and minimize risks that could lead to ugly legal battles and financial troubles.
Speak with an estate planning attorney to avoid probate and will contentment issues, or a will contentment attorney to help you navigate the sometimes complex and challenging probate court. Call 281-214-6541 and speak to one of our experienced attorneys today.