Contested Wills in Denton, Texas

Find the right Contested Wills attorney in Denton, TX

Occasionally, family members of a recently-deceased person in Denton, 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."

There are several reasons why a person might want to contest a will made by a close family member. Sometimes, people will decide to leave money or property to charity, or to other entities who are not closely related. If their family members weren't expecting this, they might assume that something went wrong with the drafting of the will.

If a massive amount of money or property is being given away, the person left out of the will could reasonably conclude that the cost and time of a court challenge is worth it.

As with the initiation of any other legal proceeding, contesting a will is a big decision. It can be time-consuming and expensivee. It also has the possibility to damage family relationships and foster strife among people who are already mourning the loss of a loved one.

When Can a Will be Contested in Denton, Texas?

There are many reasons that a court in Denton, Texas might invalidate a will.

For example, a will obtained through duress (a threat of harm, normally physical) is invalid. Of course, duress is very difficult to prove after the fact, and the issue may not even come up until many years after it allegedly occurred, making proof even more difficult. However, if the named beneficiary was in some type of position of power or trust with respect to the decedent, and is not someone who one would normally expect to get a large gift in a will (they're unrelated to the testator, for example), those facts alone might be enough to raise the suspicion of impropriety. Of course, those facts by themselves are not enough to prove duress.

Another thing to consider is the mental capacity of the person making the will. If, at the time the will was made, the testator was insane or severely intoxicated, the will is likely to be held invalid by a court, if the underlying facts can be proven.

So, you've succeeded in contesting the validity of a Denton, Texas will. What happens to the property that was going to be distributed according to its terms? Typically, when a will is declared void, the decedent's assets will be treated as if he or she had died without a will. This is known as "intestacy." Normally, this simply means that the assets will be passed on to their owner's closest living relative, usually a spouse, children, siblings, or parents. If absolutely no relatives can be found, the property is passed to the state. If there is a previous will, which was revoked by the invalid will, a court might revive the old will. If the new will was found to be completely invalid (rather than just parts of it), it follows, then, that the revocation of the old will is invalid as well. Thus, the old will can be given effect.

Can a Denton, Texas Contested Will Attorney Help?

Because a will contest can sometimes involve difficult legal and factual questions, as well as some very raw emotions, a skilled Denton, Texas attorney can be invaluable in helping this process go as smoothly as possible.

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

Life in Denton

Denton, Texas is a major city and the county seat of Denton County. It is best known for its world-acclaimed live music scene. The city of Denton has produced a long list of famous musical artists and Grammy award-winning performers. It is also an excellent city in terms of residential housing and employment opportunities.

Denton's lively musical culture centers mostly around the University of North Texas. The University runs an excellent music department which has sprung the careers of artists such as Norah Jones, Don Henley, Meat Loaf, and Roy Orbison. Many graduates of the University of North Texas have signed with major recording labels. The University also maintains Winspear Auditorium, which hosts concerts throughout the year. The presence of the University of North Texas as well as Texas Women's University helps to create an enjoyable "college-town" atmosphere in Denton.

Other attractions in Denton, Texas include the Golden Triangle Mall, which is a shopping complex that has more than 90 specialty stores. Visitors also flock to Denton to attend the Denton Arts and Jazz Festival and the North Texas State Fair and Rodeo. These annual festivities attract crowds of over 300,000 people.

Denton, Texas lawyers practice law in many different fields to meet the needs of the community. Lawyers in Denton are often members of multiple bar associations and civic groups. The Denton County "Courthouse-on-the Square" is a popular historic museum located in the city.

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