Contesting the Validity of a Last Will
I want to contest the validity of my loved one’s will. How do I do that? Will I be successful?
How to Contest the Validity of a Will
Losing a loved one is always a difficult time for everyone involved. And if you’re the beneficiary (or not) of a will that you’re not happy with, it can make things even more challenging. However, if you believe that the will is invalid, you may have options available to you. I’ll cover what you need to know about contesting the validity of a will.
Factors to Consider
Before you start challenging a will, there are several factors that you need to consider. These factors include:
Did the decedent know what they were doing?
Were they under duress when they signed the will?
Did they understand what they were signing?
These are just a few of the many scenarios that can cause a will to be invalidated. However, there’s no guarantee that you will be successful in challenging a will. Every case is different, and there are many variables that can come into play.
Getting Legal Help
If you do decide to challenge a will, it’s essential to get the right legal help. You’ll need to talk to an attorney who specializes in probate and trust litigation. These attorneys have experience with the ins and outs of how probate court works in Texas, which is essential for your case.
Unlike other types of litigation, probate court operates differently, and not all attorneys will be familiar with the unique rules and procedures involved. Therefore, it’s essential to find an attorney with specific experience in this area.
Also consider whether the cost of hiring a lawyer is ultimately sensible, in terms of dollars, time, and emotional labor. The juice needs to be worth the squeeze!
Schedule a free consultation with Strohmeyer Law to protect your family with an estate plan.
Timing is crucial when it comes to challenging a will. Once the will is admitted to probate, the court presumes it to be valid. Therefore, if you want to challenge the will, you need to do it before it’s admitted to probate by the judge.
Filing a challenge after the judge has admitted the will to probate is much more challenging and may reduce your chances of success. So, it’s essential to get your challenge in before the will is admitted.
Contesting the validity of a will can be a challenging and emotional process. However, with the right legal help, you may be able to achieve the outcome you’re looking for. Remember to consider the factors involved, get the right legal help, and file your challenge in a timely manner. By doing these things, you’ll be giving yourself the best possible chance of success.
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