When preparing for a contested will or probate legal consultation in Texas, there are several steps an individual should take. An initial meeting with an estate lawyer is often called the initial consultation.
The consultation is an opportunity for the attorney to review a potential client’s possible claims. To get the most out of this meeting, it is very important to take time to prepare before going.
It can be helpful to have a basic understanding of will contests to know what information is important to bring to the attention of an estate attorney. In order for a will to be valid, it must meet certain requirements in Texas.
There are also requirements in Texas for when a will can be contested. Because a will outlines who will inherit assets when someone passes away, there can be disputes, called will contests.
Will contests typically involve the named beneficiaries in the will, or those individuals who will receive assets. When someone contests a will, it means that they are challenging the authority or validity of that will and its provisions.
One common reason for a will contest is when an individual believes they did not get something that the testator, or will author, meant for them to get. If this person wants to contest the will, they must have standing. In other words, they must have been named in the will.
If someone could lose their inheritance under a will if it is determined to be invalid, they will also have standing to contest the will. It is important to be aware that some wills have an anti-contest clause.
Under this clause, anyone who tries to contest the will automatically give up any claim they had of an inheritance. There can be exceptions to these anti-contest clauses, for example, duress.
When someone has an issue with a will, they will appear in a probate court. Probate courts can establish the validity of a will, distribute assets, and establish plans to pay off debts and taxes owed by the estate.
What Documentation and Questions Should I Prepare Before Meeting With My Wills, Trusts, and Estates Lawyer?
Before meeting with a Texas lawyer, it is important to collect documents related to the will as well as make a written list of questions to ask the lawyer during the consultation. Important documents often include a copy of the will, anything that supports the contest claim, and any documents that were requested by the lawyer.
It is also very important to have a written list of questions and a place to take notes during the meeting. This will help ensure that all concerns are addressed. It can also help someone keep information separated if they meet with multiple lawyers.
Examples of questions that an individual may want to ask during a consultation include:
- Do I have standing?
- How long will the process take?
- What are the consequences of a will contest?
There are no silly or unimportant questions about a legal issue. It is the lawyer’s job to explain the issues and make sure their client understands the process.
What Makes a Contested Wills or Probate Case Strong in Texas? What Makes It Weak?
The first step for making a Texas will contest strong is to hire a lawyer. A Texas attorney will review the case, ensure their client has standing, and file a petition with the court that meets all of the requirements.
It is important to file a will contest as soon as a dispute comes up. This is because there are time limits, called statutes of limitations, that prohibit someone from filing their claim after a certain time period has passed. In Texas, a will contest must start within two years after the will is admitted to probate.
A will contest can be difficult to win. This is why it is so important to have help from a lawyer.
Courts do not typically want to change the wishes of the testator. A Texas lawyer can present effective arguments and evidence that shows the court why the contest is valid.
Once probate has finished, it can be challenging to contest a will. However, it can be done in situations such as forged wills, fraudulent wills, or lack of testamentary capacity.
A will may also be contested after probate if there is evidence of duress, coercion, improper execution, or the estate was not properly administered.
After a will contest is filed, the probate court schedules a hearing where the parties can present their arguments and evidence about the contest. If a will is voided, the court will ask for any previous copies and may follow the instructions contained in an older version of the will.
If there are no previous versions, the court may treat the estate as if the individual died without having a will at all. When this happens, the property will be distributed under Texas intestacy laws.
If a will is poorly written, it is more likely to be contested. The best way to avoid future issues or contests is to use clear and specific language in the will. Modifying a will can be done as many times as an individual wants to during their life.
In Texas, What Are Some Dos and Don’ts for Contested Wills or Probate Cases?
Do’s for contesting a will
Hire a lawyer. Will contests will require submitting evidence to the court, which is not easily done by an individual not familiar with legal requirements.
Gather and present evidence to support the claim. The more evidence that someone can present to back up their arguments, the better their chances of winning.
Make sure to have a lawyer draft a will for the individual before they pass away. When a will is written in a specific and clear way, a testator’s family members will not have to start a will contest.
Don’ts for contesting a will
Do not try to handle a will contest alone. This is especially true when the other party has their own lawyer.
Do not be dishonest about anything, especially to the court. It may seem that the testator’s final wishes are unfair, but it is important to avoid making accusations or statements that are false to try and increase an inheritance.
Do not contest a will for a frivolous reason. Will contest cases can cause great conflicts between individuals and can even divide families.
When Do I Need a Texas Lawyer for Wills, Trusts, and Estates Issues?
If you have any type of wills, trusts, or estate issue in Texas, it is essential to hire a Texas probate lawyer. As previously noted, will contests are complicated types of cases that must meet specific requirements.
Your Texas lawyer can give you advice about your case and help you gather and present the most effective evidence and arguments possible. Your attorney can also help you understand whether you have standing, how long the process may take, and represent you until the issue is resolved.
In as little as 15 minutes, you can use the free lawyer matching services provided by LegalMatch today to find a Texas lawyer near you who can assist you with your will contest. Simply complete the online submission process and you will be matched to licensed and prescreened Texas attorneys who are ready to help you resolve your will contest concerns.
