281-771-0560Will Contest Attorneys in Pearland, TX
Protecting Your Vulnerable Family Members in Texas
Will contests can arise for a variety of reasons, such as being incomplete, or they didn’t use clear, concise language to outline their final wishes, their family may disagree on what their intent was. If a loved one dies without a valid will, the family may not agree on what the decedent wanted to happen to their assets.
Regardless of the reasoning, will contests can become a nightmare of emotions, arguing, and climbing legal expenses brought on by delays.
The Hatchett Law Firm is here to work with you. We can help settle disputes using a variety of methods, including mediation. Call our Pearland office to see if we can assist: (281) 214-6541 .
What Are Common Reasons for a Contested Will?
Anything that gives the decedent’s loved ones reason to believe their final wishes are not being honored or they are not receiving what they expected may lead to disputes in probate court.
Some common grounds for a will contest may include the following.
Undue Influence and Capacity
The testator is the person who created the will. When the family believes the testator did not have the mental capacity to create or modify their will or that they may not have understood their actions when creating their will, their family may wish to challenge the validity of the will.
The same is true when the family believes someone may have influenced the testator, either by taking advantage of a vulnerable situation or by pressuring them into it.
The Will Does Not Meet Legal Requirements
Family members may challenge the validity of a will if they believe the will was not properly drafted, signed, or witnessed. Texas probate laws require the testator to be 18 years or older, as well as two witnesses over the age of 14 who observe the signing of the will.
How Can Will Contests Be Prevented?
If you are creating your will and you want to lessen the possibility of a contested will, then you can follow a few essential estate planning rules.
- Ensure you have the mental capacity to write or modify your will with a medical evaluation.
- Draft your will independently, without pressure from beneficiaries.
- Using a no-contest clause discourages beneficiaries from contesting the will, as they may forfeit their inheritance.
- Work with an experienced estate planning attorney.
Is an Estate Planning Attorney Necessary?
If you are contesting a will, you are likely going through probate. Will contests can become expensive. Legal fees start adding up, interest on the estate debt continues to accrue, assets in the estate can not be distributed, and may even start to lose value as time drags on.
At The Hatchett Law Firm, you can expect an approach that is customized to address your specific situation. We want to understand the dispute and work with you to obtain a resolution you desire. Mediation is generally required before a matter can be heard at trial.
Find out how we can help you get through a contested will or avoid a future contested will. Call (281) 214-6541 to speak with a member of our team.