Contested Wills in Waco, Texas

Find the right Contested Wills attorney in Waco, TX

Occasionally, family members of a recently-deceased person in Waco, 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 a considerable amount of money is involved, someone who was left out of a will, or not given what they were expecting, might believe that contesting the will is worth the time, money, and energy that doing so would require.

However, this is a matter that should not be approached lightly - will contests can frequently foster strife and infighting within families who are already mourning the loss of a loved one. This can permanently damage or alter family relationships.

When Can a Will be Contested in Waco, Texas?

Courts in Waco, 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.

To be valid, a will must be a product of the testator's own free will. So, a will that the testator was forced or tricked into making is not valid, if the probate court finds out about the duress or trickery. Of course, wills are normally made many years before a person dies, so how can a person expect to prove duress or fraud if they suspect it? To begin with, it's not easy. It is possible, however. First of all, it's good to have as much documentation of the testator's affairs as possible. Any written statements concerning their desires on this matter will also be very useful, if there are any. Additionally, if the suspect gift is totally out of left field (property is left to someone that you know the testator didn't like, or barely knew, for instance), this might also support your position that the will was invalid. Of course, the testator can leave his or her money to whomever they want, so these facts, by themselves, will not be enough to prove fraud or 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.

There are many other facts that might make a will invalid, and thus serve as grounds to contest a will. If a will is successfully contested in Waco, Texas, and held to be invalid, this typically results in the property being distributed as if the decedent had died intestate (without a will). This means that it will usually go to the decedent's closest living relative.

Can a Waco, 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 Waco, Texas attorney, and the process will probably be much more manageable.

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

Life in Waco

Waco is home to approximately 234,906 people. Located in McLennan County, Texas, Waco lies near the Brazos River and is between Dallas and Austin.

Being near two of Texas's largest cities, Waco residents have available to them the large legal force in Dallas and Austin. Many small, mid-size, and large law firms are located near Waco and train attorneys in all areas of practice.

Alongside the legal industry, top employers include Baylor University, L-3 Communications, Wal-Mart, Sanderson Farms, Inc., the school districts, and Hillcrest Health System.

Downtown Waco is a fun area filled with great shopping and dining. Also, Downtown Waco is were Dr. Pepper was invented! The famous Dr. Pepper Museum is therefore located in Downtown. Other popular attractions include the west banks of the Brazos River, Baylor University, and the Cameron Park Zoo.

All in all, Waco is a great place filled with friendly residents, history, and comfortable living.

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