Contested Wills in Harlingen, Texas

Find the right Contested Wills attorney in Harlingen, TX

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

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

If there is a considerable 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 severe and irreversible damage to family relationships.

When Can a Will be Contested in Harlingen, Texas?

Courts in Harlingen, Texas will not let a person contest a will unless they have an excellent reason. There are, however, some allegations which will always invalidate a will, if they are proven.

For example, if the will was obtained through duress (threat of some kind of harm), then it is invalid. Duress, however, is difficult to prove. If a named beneficiary was in some position of power or trust with the decedent, and is not someone who one would ordinarily expect to get a large gift in a will, that might raise substantial initial suspicion of something improper happening. Of course, those facts alone are not nearly enough to prove duress.

Because a testator must know what they are doing in order to write a valid will, the testator must be of sound mind at the time the will is made. Basically, if a person is unaware of what they're doing, and the consequences of their actions, they can't make a valid will. This can be due to mental illness, or intoxication. Of course, if it's a result of intoxication, the testator can simply sober up and then make a perfectly valid will.

If the contest is successful, a court in Harlingen, Texas might find the will or part of it invalid. Of course, that leaves the question of how to distribute the property in the absence of a valid will. All states have laws that address this situation, typically passing the property to the decedent's closest living kin. All states have laws governing the order in which property is passed on in this manner. Normally, it goes to the spouse first. If there is no living spouse, it goes to the children. If there are no children, it goes to the decedent's parents, and so on. Most laws on this subject are written in such a way that almost everyone will have at least one relative entitled to inherit, even if that person is very distantly related to the decedent. In the very rare case where no living relatives exist, or none can be found, the decedent's assets usually go to the state.

Can a Harlingen, Texas Contested Will Attorney Help?

Contesting a will is often challenging, and never fun. However, the whole process can be made more bearable if you have the help of a knowledgeable Harlingen, Texas attorney, and the process will probably be much more manageable.

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

Life in Harlingen

Harlingen is city in Cameron County, Texas, located some 30 miles from the Gulf of Mexico coastline. It has a population of about 65,000 people and is the second largest city in the county. Much of the city's initial development is due to the presence of Harlingen Air Force Base, which closed in the 1960's.

Harlingen is known for being a hot spot for many sports activities and facilities. The city is home to the Rio Grande Valley White Wings, a minor league baseball team. The Valley Race Park racetrack is an indoor facility where residents can watch greyhound races.

Other popular attractions in Harlingen include the World Birding Center and the Harlingen Art Forum. Harlingen is also an ideal city for those who appreciate the fine arts. The Rio Grande Valley Art League and the Rio Grande Valley Civic Association are involved in promoting several art-themed events. The Rio Grande International Music Festival is held yearly in Harlingen.

Lawyers in Harlingen, Texas reflect the city's commitment to fostering a volunteer spirit. Many Harlingen lawyers are participants in the city's numerous community service organizations. The city is served by the Harlingen Municipal Court.

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