Victoria Will Litigation Lawyer
A will is a foundational estate planning tool that specifies where you want your possessions to go after you die. Even if you or your loved ones have wills in place, conflicts can happen. Someone might challenge a will, or there may be a dispute over the deceased’s wishes. When disagreements arise, an experienced probate and estate litigation attorney could help you navigate probate court. A Victoria will litigation lawyer could guide you through the process and help you get the best possible outcome.
Why Are Wills Important?
When an individual dies without a will, their assets are distributed according to the intestate succession laws outlined in Texas Estates Code Sec. 201.001 and 201.002. Intestate succession only considers relatives, despite some people wanting to leave all of their assets to their spouse, a friend, or their favorite charity.
For parents of minor children, wills go beyond distributing property and should also name someone to take care of their children if they die prematurely. This allows parents to choose someone they trust and who shares their parenting values instead of leaving the decision to a judge.
Ideally, having a will in place allows the estate administration process to go smoothly after an individual’s death. However, several situations can cause issues that require those involved to go to court.
When Do Wills Require Litigation?
There are a few reasons an estate might need to go to court even if there is a will. First, wills do not excuse estates from needing to go through probate. While a simplified probate process is available for smaller estates, hiring a lawyer may be beneficial for larger and more complex estates.
Additionally, wills can be challenged. For example, a family member might believe they should have been included in their loved one’s will and may argue that the document is invalid. Problems can also emerge if a will is outdated.
Grounds for Contesting a Will
Common grounds for contesting a will include undue influence, lack of testamentary capacity, and fraud. Undue influence occurs when someone pressures the individual making the will, known as the testator, into changing their wishes. This is common when the influencer seeks to benefit at the expense of other beneficiaries.
Lack of testamentary capacity refers to situations in which the testator did not understand the nature of their actions when creating their will. This is commonly due to conditions such as dementia, mental illness, or the effects of medications.
Fraud occurs when there is deliberate deception towards the testator. If the testator is tricked into signing a document they believe is something else, they may falsify parts of their will.
These issues can raise questions on whether the will accurately reflects the deceased’s true intentions and the validity of the will. When dealing with any of these issues, hiring a Victoria lawyer with will litigation experience could ensure conflicts are resolved as smoothly as possible.
Consult a Victoria Will Litigation Attorney Today
Writing a will is not always enough to ensure that your property is handled according to your wishes after your death. Wills can be challenged, and other complications may require taking your estate to court. A Victoria will litigation lawyer could handle legal proceedings and ensure your estate is managed the way you want it to be. Contact the team at Texas Will Contests, JV today to schedule a consultation.