Will Contests

Contest a Will in Texas

A last will and testament is how a person transfers there assets when they die. There are various reasons to contest a will in Texas. But contesting or defending a will in Texas is not for the faint of heart. It's a complex process that requires the guidance of a skilled legal professional who understands the nuances of Texas probate law. The process includes filing a formal lawsuit. When someone passes away, their assets are typically distributed according to the terms of their will in the probate process. However, the will's validity or specific provisions may be challenged, leading to will contest litigation.

When someone passes away, their estate assets are usually distributed according to the terms of their will in the probate process. However, the will's validity or specific provisions may be challenged, leading to will contest litigation. There are several grounds on which a will can be contested in Texas, such as undue influence, lack of capacity, fraud, and improper execution.

Benefits of Hiring a Will Contest Lawyer

Given the complexities of contesting a will in Texas, hiring an experienced team of attorneys can be a game-changer. Our team of Texas based attorneys at Wynne, Smith & Young PLLC can provide critical guidance, represent your best interests, and increase your chances of success.

In-depth Understanding of Legal Procedures:

Lawyers specializing in will contests in Texas have a thorough understanding of the legal procedures involved. This expertise can be invaluable when it comes to adhering to the stringent deadlines and protocols associated with contesting a will.

Expert Advice:

Your attorney can advise you on the merits of your case, potential outcomes, and the best strategies to adopt, thus saving you time, money, and unnecessary stress.

Negotiation and Mediation:

An experienced lawyer can skillfully negotiate on your behalf during mediation sessions. If the case goes to trial, they can present compelling arguments to persuade the judge or jury.

Document Preparation and Filing:

Preparing and filing legal documents can be a daunting task, especially in a complex area such as will contest. A lawyer can handle these tasks efficiently, ensuring that your case progresses smoothly.

Advocacy:

Perhaps most importantly, your lawyer is your advocate, representing your interests throughout the process. They can protect your rights, fight for your inheritance, and ensure that the decedent's true intentions are honored.

If you believe that there are grounds to contest a will, it's crucial to act quickly and seek the guidance of an experienced attorney. If litigation becomes necessary, the attorney will fight to ensure that a bad will is not admitted into probate or to defend a will and ensure that the testator's wishes are honored.

It's important to carefully consider the potential benefits and risks of contesting a will. A successful challenge could lead to changes in the distribution of assets that better reflect the testator's intentions or protect the beneficiaries' interests. However, will contest litigation can be costly, time-consuming, and emotionally draining.

If you suspect that a will is invalid or that there are grounds to contest it, or if you are defending a will, seek the guidance of an experienced Texas probate litigation attorney. A contest must be filed within two years of a will being admitted to probate. They can help you navigate the process and work to achieve the best possible outcome. Whether you're considering contesting a will or defending against a challenge, the attorney will provide the guidance you need to protect your interests and rights in probate court.

Standing

Contesting a will is a valid option in certain circumstances, but only certain people, known as "interested persons" have the right to file a contest of a will of a deceased person. Generally, heirs and beneficiaries have standing:

Heirs at law are those who would receive less under the will than they would if the deceased had died without a will. For example, if a man creates a will leaving everything to a friend, his spouse and children could contest the will because if the will were not valid, they would receive the estate.

Beneficiaries who would receive less under the will being contested than they would have under a prior will.

To determine whether you have standing and the right to challenge a will being offered for probate, it's best to consult with an experienced probate litigation attorney. They can also advise you on who has the burden of proof in the case.

An attorney can provide you with guidance and legal advice to help you navigate the complexities of contesting a will. By seeking professional legal counsel, you can ensure that your interests and rights are protected.

Requirements for a valid will

The ability to create a will is a fundamental right and the creation should be overseen by an estate planning lawyer. The Texas Estates code has specific requirements that must be met for a will to be considered legally valid. If the will does not meet these requirements, the testator did not create a valid will.

The will must be in writing, and the testator or the individual creating the will must sign it. If the testator is unable to sign the will, they may direct another person to do so on their behalf, as long as it is done in the testator's presence and under their direction.

Moreover, the will must be witnessed by at least two credible witnesses who are at least 14 years of age and are capable of testifying in court if required. These witnesses must be present when the testator signs the will, and they must also sign the will in the testator's presence.

It is essential to note that a holographic will, which is a will that is entirely in the testator's handwriting, is also considered valid under Texas law. However, such a will must meet specific requirements, such as being entirely in the testator's handwriting and being signed by the testator.

Following the testator's passing, the will must be submitted to the probate court, where it will be reviewed to ensure that it adheres to all legal requirements and that the estate assets are distributed according to the testator's wishes.

Reasons to Contest a Will

A litigation attorney can help you determine if there are valid reasons for a contest. Common grounds to legally dispute a will include that a testator was not of sound mind, often due to dementia. Or was subject to undue influence.

Lack of testamentary capacity

When signing a will, trust, deed, or beneficiary designation, the signor must have the mental capacity to understand what they are doing. They must have testamentary capacity.

In other words, they must be of sound mind and comprehend the document's implications. Did they understand what was happening?

A lack of testamentary capacity is a common reason for contesting a will. In Texas, the burden of proof falls on the will proponent to show that the testator had the necessary capacity when signing the will.

The elements of capacity in Texas include whether the person executing the document possesses sufficient mental ability at the time of the will's execution to:

(1) The testator must understand the effect of making the document and the general nature and extent of their property,

(2) Know their next of kin and the natural objects of their bounty, and

(3) Have sufficient memory to assimilate the elements of executing a document, to hold those elements long enough to perceive their obvious relation to each other, and to form a reasonable judgment as to them.

Capacity may be inferred from witnesses' observation of the testator's conduct before or after the document's execution. Evidence of the testator's state of mind at times other than the will's execution date may also be considered in determining whether they had testamentary capacity when signing the will.

Lack of capacity can be indicated by various conditions, including dementia, Alzheimer's, stroke, drug use, brain tumors, memory loss, severe depression, intense pain, bipolar disorder, schizophrenia, cerebrovascular disease, atherosclerotic heart disease, and impaired executive function.

Drugs and alcohol can obviously affect a person's mental state, whether they are prescribed or recreational substances. Evidence that the testator took either can be relevant to their capacity. A stroke can also impact a person's decision-making abilities and processing of information. There are no lab or blood tests to detect dementia, so diagnosis relies on abnormalities in a person's behavior.

Declarations that appear disordered, unreasonable, and abnormal can be admitted to prove a lack of mental capacity. Rational declarations can also be admitted, along with evidence that they are untrue, to show the decedent's mental shortcomings.

Overall, determining testamentary capacity is a fact issue that depends on the circumstances of the case. If you suspect a lack of capacity in a testator, it's crucial to seek the guidance of an experienced probate litigation attorney to evaluate the situation and determine the best course of action.

Here is the type of evidence cited by a Texas court of appeals to demonstrate a lack of capacity:

The testatrix was not knowledgeable about the nature and extent of her property at the time she saw her doctor and attorney. Testatrix had described her house containing a great deal of furniture that she cherished, including a piano. She also alluded to a small business from which she drew a monthly income and ownership in stocks and bonds.

Later evidence revealed that the house and furniture had already been conveyed to appellees and the conveyance had been confirmed by court order following litigation. The small business that she claimed to own had been sold to a third party many months prior to the time she saw her doctor, as had the piano.

No evidence was adduced indicating that testatrix ever owned an interest in stocks and bonds.

Her doctor stated that testatrix told him she had three nieces, one nephew and one grand-niece. In fact, testatrix had two grand-nieces, two nephews, and a grand-nephew.

Another court noted:

Testimony of treating physicians regarding testamentary capacity could be considered even though physicians did not examine testator on day she signed will, given that testimony, which was based on testator's mental and physical condition and was supported by overall evidence, indicated that testator had experienced extensive periods of incoherence for years before will was signed and that Parkinson's disease, from which testator suffered, caused degeneration of brain affecting ability to think clearly and process information.

Evidence that testator could respond rationally to conversation at or near the time that she executed will offered for probate and that her illness did not preclude her from having some lucid moments did not render jury's finding that testator lacked testamentary capacity clearly wrong and unjust, so as to warrant reversal based on factual insufficiency, given evidence that testator was experiencing periods of incoherence years before will was executed and that her physical and mental condition and medications made it unlikely that she was able to understand and participate meaningfully in making and execution of will.

As a general rule, the question of whether a person, at the time of contracting, knows or understands the nature and consequences of her actions is a question of fact for the jury. Often medical records and expert testimony will be used to support a challenge to capacity.

Undue Influence

Undue influence can provide grounds for contesting a will. An instrument claimed to be a will may not be admitted to probate where it is established that the writing was not the voluntary act of the testator but was procured by the intervention of someone else against the will of the testator.

While difficult to prove, it is commonly alleged. It has been described as one person who manipulates the trust, fears, dependency, and vulnerabilities of another for personal gain. It is a basis for overturning a will, trust, deed, or beneficiary designation. It is a species of fraud. The burden of proving it is on the contestant.

The elements of undue influence in Texas, include:

(1) the existence and exertion of an influence;

(2) the effective operation of such influence that subverts or overpowers the mind of the maker of the document at the time of execution of the document; and

(3) the execution of the document, which the maker thereof would not have executed but for such influence.

Undue influence is rarely as obvious as this story from the Godfather.

Instead, it is typically much more subtle than a gun to the head. And it is not practiced in the open. It is difficult to present direct evidence of undue influence. But Texas courts allow grounds of undue influence to be presented by circumstantial evidence. Circumstantial evidence is admissible and it is proper to receive evidence of all relevant matters that occur within reasonable time before or after execution of will being offered as tending to indicate existence of improper influence. It is important to contact an attorney who can help successfully contest and provide evidence of someone inappropriately swaying the person signing the document.

The Texas Supreme Court has observed that “every case of undue influence must be decided on its own peculiar facts.” Among other factors, courts consider:

the circumstances surrounding execution of the instrument;
the relationship between the grantor and the grantee;
the motive, character, and conduct of the persons benefited by the instrument;
the participation by the beneficiary in the preparation or execution of the instrument;
the words and acts of the parties;
the interest in and opportunity for the exercise of undue influence;
the physical and mental condition of the grantor at the time of the instrument's execution, including the extent to which she was dependent upon and subject to the control of the grantee; and
the improvidence of the transaction by reason of unjust, unreasonable, or unnatural disposition of the property.

A finding of undue influence is appropriate where it is shown that testator is laboring under impaired mental condition not amounting to actual testamentary incapacity at time of will's execution. There may be evidence showing that an impaired mental condition existed which made likely through influence of another the destruction of testatrix's free agency and free will and the substitution of the other's will so as to cause the testatrix to do what she otherwise would not have done but for such other's influence.

The exertion of undue influence cannot be inferred by opportunity alone. There must be some evidence to show that the influence was not only present, but in fact exerted with respect to the making of the document itself. In our experience, an undue influence claim is going to be more persuasive.

If you believe your inheritance was hijacked by undue influence, or if you have been unfairly accused of undue influence, contact a lawyer with experience evaluating such claims.

Experienced Probate Litigation Lawyers

You likely have questions about contesting a will. Or defending a will. While a probate and estate administration attorney can help you, you should have the benefit of a probate litigation lawyer.

Whether you want to contest or defend a will, give us a call. Do not delay as there are statute of limitations that apply. We will answer your questions concerning the best course of action and whether there are valid reasons for contesting a will or beneficiary document. We will let you know if you have standing to contest a will. We will let you know what you need to prove. We will build a strong case.

Call lawyer J. Michael Young at (800) 323-1857. or submit a claim summary.

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