Contested Wills in Garland, Texas

Find the right Contested Wills attorney in Garland, TX

Sometimes, family members of a recently-deceased person in Garland, Texas will attempt to claim that a will is invalid, normally because it leaves them out of it. This process is called a "Will contest."

Occasionally, testators leave out of their wills people who might normally expect to inherit a large portion of the testator's estate (spouses, for example). This might lead them to assume, correctly or not, that the will was a mistake.

If there is a massive amount of money or property at stake, a family member who was left out of the will might find it to be worth the time or money to contest it.

Like any legal matter, however, this should not be taken lightly. Will contests can foster conflict and strife within families who are already mourning a loved one. This can cause grave and irreversible damage to family relationships.

When Can a Will be Contested in Garland, Texas?

Of course, a Garland, Texas court will not invalidate a will without a very good reason, but there are some instances which render a will clearly invalid.

For instance, a will which was not made under the testator's own volition and free will is not valid. This means that the testator must be acting voluntarily throughout the entire process of making his will. Thus, a will made under duress (force, or threat of force) will not be given effect. In order to show duress, you generally need to first prove that the person named in the will was in a position of trust and power over the decedent, and that they are an "unnatural beneficiary" (someone who you would not normally expect to receive a gift under a will, usually because they are not related to, or close friends with, the testator). These facts, taken alone, are never enough to definitively prove that duress occurred. They are, however, usually enough to suggest that something strange is going on, and warrant further investigation.

Another reason why a will might be invalid is the maker of the will being mentally incompetent at the time the will was made. In order to make a legitimate will, the individual making it must have enough of his or her mental faculties to understand what they're doing, and the consequences of it.

If a Garland, Texas will is successfully challenged and thus invalidated, there has to be some system for orderly distribution of the decedent's property. Normally, if a will is held invalid, all of the property will be treated as if the decedent had never written or will. This means that it goes to the decedent's closest living relative, or, if there are not relatives who can be located, the state.

Can a Garland, Texas Contested Will Attorney Help?

Because this can involve complicated legal issues, and be very emotionally draining, this is not something you want to go at alone. A seasoned lawyer in Garland, Texas can be very helpful in making sure that this process goes as smoothly as possible.

Talk to a Wills, Trusts & Estates Law Attorney now!

Life in Garland

Garland is located northeast of Dallas, Texas. It is located in Dallas County, with some areas in Collin County. Per the 2010 census, it has a population of 226,876 people.

Interestingly, CNN and Money Magazine included Garland in its "Top 100 Places to Live" list, ranking it sixty-seven.

Top employers include Sears, Atlas Copco, Raytheon Intelligence and Information Systems, Danaher, General Dynamics, Kraft Foods, L-3 Communications and US Foodservice. The legal industry also has a potent presence because many well-experienced attorneys call Garland home. Thus, businesses and residents need not travel far to receive excellent legal services.

Some great sites to check out is the Historic Downtown Garland, Patty Granville Arts Center, The Plaza Theater, Pace House and The Garland Opry.

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