Will Contest Attorney in Corpus Christi
A will contest aims to invalidate a deceased person’s will. This type of lawsuit is often a highly emotional procedure. A poorly written or nonexistent will may be a source of arguments among friends, family members, and other beneficiaries for months or even years after the decedent’s passing. If you believe the executor is not performing their duties, beneficiaries were not properly named, or the will is otherwise invalid, you deserve the opportunity to fight for a fair resolution.
Our will contest lawyer at Rothschild Law Firm can help you understand every nuance of Texas laws regarding wills and probate. Because of our years of experience, we know what it takes to successfully contest a will. With close attention to detail, we will assess your case and devise a strategy to advocate for the outcome you need. Ultimately, a will is meant to fulfill the decedent’s final wishes, and the court must make necessary changes in response to evidence demonstrating the will’s invalidity.
Contact us online or call (361) 866-5437 today so our firm can begin building your case as soon as possible.
How to Contest a Will in Texas
Not everyone can contest a will, and even those who can are subject to certain time constraints and grounds. Furthermore, in order to successfully contest a will, you need to have standing. A person or entity has standing if the outcome of the will contest will personally affect them.
You have standing if you are:
- A beneficiary named in the will
- A fiduciary named in the will (if you represent an entity such as a bank or charity)
- An intestate heir (a person who is eligible to inherit from an estate when the decedent did not write a will)
Intestate heirs are decided through intestate succession, which is the list of kin organized by relative distance from the decedent. Intestate succession does not apply to unmarried partners, friends, or charities. Furthermore, intestate heirs are not entitled to certain assets, such as those passed through a life insurance policy or directly to an explicitly-named beneficiary.
What is the Time Frame to Contest a Will?
According to the Texas Statute of Limitations, you have two years to contest a will, starting from the date the will is admitted to probate—not the date of the deceased person’s death. States limit this time frame so the deceased person’s estate can be distributed in a timely manner.
Grounds to Contest a Will
When you contest the will, you will need to demonstrate one or more of the following grounds:
- Improper execution—the will was not properly signed. Wills require certain legal formalities, and improper execution often occurs when the testator uses a do-it-yourself template or internet guide.
- Testator incapacity—the testator was legally or mentally incapable of creating the will. To draft a valid will, the testator must know their heirs, understand the extent of their property, and know how they want their assets distributed. If you are contesting the will on the grounds of testator incapacity, you must prove that mental incapacity affected the testator’s decisions.
- Undue influence—someone (often the main beneficiary) influenced the testator due to an ulterior motive. The influencer typically accomplishes this in secrecy or isolation through the use of coercion or intimidation.
- Fraud—the will was drafted through misrepresentation of key facts or identities with the intention of material gain. For example, someone may have impersonated the testator in order to draft a will naming them as a beneficiary.
Breach of Fiduciary Duty
In addition to changing or adding beneficiaries, a will contest can seek to replace the executor by claiming they breached their fiduciary duty.
An executor’s fiduciary duties include:
- Organizing documents and taking inventory of assets
- Managing the process of claiming benefits (i.e. Social Security, life insurance, etc.)
- Managing and distributing assets
- Distributing property that is not subject to probate
When fulfilling these responsibilities, the executor needs to be both organized and ethical. Their goal must be to fulfill the decedent’s final wishes. If you believe the executor has breached these duties, you may be able to hold them accountable in court.
Contact Rothschild Law Firm for Immediate Legal Support
Both the court system and the will’s beneficiaries may be in a hurry to finish probate and distribute assets. But if the will was not properly established, the decedent’s final wishes might be misconstrued, and the court needs to take as much time as necessary to correct the situation.
Our will contest attorney is ready to help you seek justice. Schedule your consultation online or call (361) 866-5437 to get in touch with Rothschild Law Firm today.
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