Will Dispute Litigation Lawyer in Cypress

Legal disputes over contested wills in Cypress, Texas have become increasingly prevalent. The passing of a family member in some households exposes longstanding family conflicts and suspicions. Furthermore, few emotions are more distressing than the feeling of betrayal. Every year, we come across numerous instances where family members suspect that another relative has obliterated or concealed a will, or even manipulated the will of a loved one before their passing. Others strongly believe that a family member or close associate has exerted undue influence on the deceased to endorse a new will favoring an unexpected family member or the close associate, or to amend a will before passing to allocate an uneven amount to one or more family members. It is not uncommon to encounter cases where the deceased has entirely excluded someone from the will without apparent reason. Once again, most of these scenarios fall under the categories of undue influence or blatant fraud.

Challenging Coercion in Creating a Will in Cypress

If you possess strong suspicions and evidence of coercion or any of the aforementioned dubious or illegal acts, and you are an interested party or would have been a beneficiary under a will, you may either initiate a will dispute when the court is first asked to probate the will or estate, or within two years after the will is admitted to probate. To do so, you must engage an experienced lawyer specializing in Contesting Mental Capacity to Make a Will to file a dispute in the existing probate action or a motion to overturn the probate if the estate has already been probated. You and your attorney will need to gather facts following the evidentiary rules to present a compelling case. This involves utilizing discovery, consulting with witnesses, relying on circumstantial evidence, and sometimes engaging handwriting experts or other professionals. Preparing such a case is typically costly due to the necessity for you and your attorney to piece together the puzzle to effectively demonstrate the wrongdoing.

The second major form of 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. In essence, the standard for testamentary capacity to execute a will is less than that required to execute a contract. Moreover, 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 attorney at Stepp Law PLLC possesses a profound comprehension of cases involving will disputes and the essential elements required to effectively challenge a will. We are not only highly skilled lawyers specializing in Contesting Lack of Mental Capacity but are also well-versed in the laws governing wills, probate, and disputes. If you are earnest about challenging a will and believe you have pertinent facts to do so, please contact us as soon as possible to explore the merits 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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