Cain & Kiel Law

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Cleburne Wills Contest Attorney

Hillsboro contested will attorney

Cleburne Wills Contest Lawyer Serving Texas

The death of a loved one is never easy. Family dynamics and relationships may already be strained when a family member passes away, and long-simmering resentment can quickly boil over into conflict when disagreements arise about how to handle a person's final affairs. In many cases, these disputes are related to a person's will, the disposition of their property, and the management of their financial affairs. In some cases, a person may believe that they were unfairly left out of a will, or they may believe that someone else manipulated their loved one into making changes to their estate planning documents. Resolving these issues can be a complex matter, and in some cases, probate litigation may be necessary.

The team of attorneys at Cain & Kiel Law provide compassionate, effective legal help to those who need to address issues related to probate administration and litigation. We can help family members determine the best ways to handle will contests and make sure their loved one's wishes are carried out correctly. Whether you believe that your family member's will is invalid, are concerned about your ability to inherit property, or need to respond to claims made by other heirs or beneficiaries, we can advise you of your options and provide you with legal representation to help you resolve these matters as quickly and effectively as possible.

Reasons Why a Will May Be Contested

There are multiple reasons why family members may be unhappy about how a loved one's final affairs are handled. A person may have expected to inherit certain assets only to learn that their loved one left these assets to someone else. They may be concerned that an irresponsible family member will squander the property they inherit. They may even believe that a person's will was falsified, changed without their knowledge, or is invalid for other reasons.

While disputes over a will may occur for multiple reasons, there are only a few situations where a will may be legally challenged. In a case involving a contested will, a person may claim that the will filed by the executor of the decedent's estate is invalid based on one of the following reasons:

  • Lack of testamentary capacity - In order to create a legally valid will, a person must have the mental capacity to understand what they are doing. This includes understanding the nature of their assets, who their beneficiaries are, and the consequences of their decisions. A person who was suffering from dementia or another cognitive impairment may not have had the capacity to create a will. If there is evidence that the decedent did not have the mental capacity to properly execute a will at the time they signed the document, the will may be invalidated.
  • Undue influence - A will may be contested if there is evidence that the decedent was illegally influenced by another person when they created or made changes to their estate planning documents. In order for a will to be valid, the decedent must have made decisions of their own free will. If it can be shown that another person exerted improper influence on the decedent, such as by threatening them or engaging in coercion or manipulation, and this caused the will to go against the decedent's actual wishes, the will may be found to be invalid.
  • Fraud or forgery - If it can be shown that the decedent's signature on the will was forged, that the document was altered after it was originally signed, or that the decedent signed the will while believing that it was another type of document, the will may be invalid.

Contact Our Cleburne Will Contest Lawyers

If you believe that your loved one's will is invalid for one of the reasons described above, or if you need to respond to a challenge of a will by another family member or heir, Cain & Kiel Law can help you determine how to proceed. We will work to ensure that your loved one's wishes will be followed. Contact us at 817-645-1717 to discuss these issues in a consultation.

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