Will Dispute Litigation in Brenham

In Brenham, Texas, we’ve observed a noticeable surge in legal conflicts concerning disputed wills. The passing of a family member in specific households brings to light long-standing family conflicts and suspicions. The pervasive feeling of betrayal, especially when suspicions arise that a relative has concealed or tampered with a will, or manipulated a loved one’s will before their passing, is both distressing and common. Allegations that a family member or close associate exerted undue influence on the deceased, endorsing a new will favoring an unexpected family member or the close associate, or altering a will to unevenly distribute assets among family members, are not uncommon. Another scenario frequently encountered is the exclusion of someone from the will without apparent reason, falling into categories like undue influence or outright fraud.

Challenging Coercion in Creating a Will in Brenham

If you harbor strong suspicions and evidence of coercion or any of the aforementioned questionable or unlawful acts, and you are an interested party or would have been a beneficiary under a will, you can initiate a will dispute either when the court is initially approached to probate the will or estate or within two years after the will is admitted to probate. To take this step, you must engage the services of a seasoned attorney specializing in Contesting Lack of Mental Capacity to Make a Will to file a dispute in the existing probate action or file a motion to overturn the probate if the estate has already been probated. You and your lawyer will need to gather facts following evidentiary rules to present a compelling case. This involves employing discovery, consulting with witnesses, relying on circumstantial evidence, and sometimes seeking the expertise of handwriting experts or other professionals. Preparing such a case can be a significant investment due to the necessity for you and your attorney to assemble the puzzle effectively demonstrating the wrongdoing.

The second primary challenge to a will is rooted in a lack of testamentary capacity. The Texas Estates Code mandates that a person making a will be of sound mind at the time of executing the will. This is a factual matter to be determined by a judge or jury. The judge or jury will scrutinize documents, hear evidence from witnesses, and consult with medical experts to ascertain whether the deceased was of sound mind. Texas employs a five-part test to establish testamentary capacity. Essentially, the standard for testamentary capacity to execute a will is lower than that required to execute a contract. Additionally, capacity is assessed at the time of the will’s execution and is not solely based on the general mental condition of the deceased. Therefore, evidence of incapacity must be within a short time of the will’s execution to be persuasive.

Reach out to our Legal Representative Specializing in Will Disputes

Our legal expert at Stepp Law PLLC holds a profound comprehension of instances related to disputed wills, equipped with crucial insights needed to adeptly contest a will. We go beyond being adept lawyers with a specialization in Contesting Lack of Mental Capacity; we also possess a comprehensive understanding of the legal landscape surrounding wills, probate, and conflicts. If you are genuinely considering the prospect of contesting a will and hold pertinent information to support your stance, we encourage you to get in touch with us promptly. Our team is ready to delve into the specifics of your situation and discuss the potential strengths of your case.

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The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

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