Will Dispute Litigation 

Chappell Hill, Texas, is witnessing a notable rise in legal battles surrounding contested wills. The passing of a family member in certain households often brings forth underlying family tensions and suspicions. The sentiment of betrayal looms large, particularly when there are suspicions of a relative concealing or manipulating a will before the loved one’s demise. Allegations of undue influence by a family member or close associate, resulting in a new will favoring an unexpected beneficiary or unequal distribution of assets among family members, are prevalent. Instances where someone is inexplicably excluded from the will also spark scrutiny, often categorized as undue influence or potential fraud.

Addressing Coercion in Will Creation

For individuals harboring suspicions of coercion or other questionable actions and who believe they would have been beneficiaries under the will, challenging the will is an option. This can be done either during the initial probate proceedings or within two years after probate. To proceed, seeking assistance from a seasoned attorney specializing in Contesting Lack of Mental Capacity to Make a Will is crucial. This may entail filing a dispute in ongoing probate proceedings or motioning to overturn probate if it has already been granted. Gathering evidence within legal constraints to construct a compelling case can be intricate and costly. It often involves employing various discovery methods, consulting witnesses, relying on circumstantial evidence, and possibly enlisting professionals like handwriting experts. Constructing such a case demands meticulous attention to detail to effectively demonstrate any wrongdoing.

The second significant challenge to a will pertains to testamentary capacity. As per the Texas Estates Code, the individual making the will must be of sound mind at the time of its execution. This is a factual matter determined by a judge or jury. They will scrutinize documents, hear witness testimonies, and consult medical experts to ascertain the mental state of the deceased. Texas law applies a five-part test to establish testamentary capacity. Notably, the standard for capacity to execute a will is lower than that required for executing a contract. Additionally, the assessment focuses on the individual’s state of mind at the time of executing the will rather than their overall mental condition. Hence, evidence of incapacity must align closely with the time of the will’s execution to hold weight.

Contact our Chappell Hill Law Firm for Estate & Will Disputes

At Stepp Law PLLC, our attorney possesses extensive experience in handling estate disputes and understands the critical elements required to challenge a will effectively. We’re not only highly skilled in Contesting Lack of Mental Capacity but also well-versed in the laws surrounding wills, probate, and disputes. If you’re considering challenging a will and believe you have pertinent facts to support your case, do not hesitate to reach out to us as soon as possible to discuss your options.

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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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