A will is a document that sets out the transfer of assets after a person dies. However, it is not uncommon for estate disputes to arise, requiring a contest to the will. Contesting a will is not an easy process, but our McKinney-based probate attorneys have the experience to gain a fair resolution for our clients. Here is an outline of the process for contesting a will.
What Is the Process for Contesting a Will in Texas?
1. Contact an Estate Disputes Lawyer
If you intend to contest a will, it is important to contact an estate disputes lawyer as soon as possible. While wills in Texas can be challenged after entering probate, because of various deadliness, immediate action is necessary and gives your law firm an opportunity to gather evidence to advance the ball timely.
2. Discovery
Discovery is the process whereby both parties disclose information, take depositions and determine the evidence that may be presented during mediation or trial. The process will vary depending on the grounds for challenging the will, and it may be necessary to use expert witnesses to bolster any claims.
3. Mediation
If you choose to contest a will in Collin County, your estate disputes lawyer will aim for a quick resolution. Avoiding a court trial will save costs for both parties and resolve the issue during an often difficult time for families. With a third party working to resolve the conflict, mediation is an effective way to find a resolution.
4. Trial
More often than not, a case is resolved before trial. However, there may be occasions where a settlement cannot be found, and there is enough evidence to justify going to court. During such a case, it is important to work with experienced and motivated litigators who can prove the will is invalid.
What Are the Main Reasons to Contest a Will?
The common reasons a will is contested are as follows.
- Undue influence – the person was coerced into executing a will.
- Improper execution – a will was not executed according to the Texas Estates Code.
- Lack of testamentary capacity – your family member or loved one was not of sound mind when they signed a will.
- Fraud – a will was created or signed as a result of fraudulent activity.
- Revocation – the will was previously revoked.
If you suspect a will was executed on any of these grounds, probate litigation provides a way to mount a challenge and protect the wishes of a loved one. Your first step should be to consult an experienced estate disputes attorney to find out if your case has merit.
Contact Us for Help Contesting a Will in North Texas
Do you need help contesting a will or raising an estate dispute? Lucé Law, PC is a full-service law firm serving the people and businesses of North Texas. For a free legal consultation, call us today at (972) 632-1300 or request help online.
