Contested Wills in Flower Mound, Texas

Find the right Contested Wills attorney in Flower Mound, TX

Occasionally, family members of a recently-deceased person in Flower Mound, 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 Flower Mound, Texas?

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

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.

So, you've succeeded in contesting the validity of a Flower Mound, Texas will. What happens to the property that was going to be distributed according to its terms? Usually, 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." Typically, this simply means that the assets will be passed on to their owner's closest living relative, normally 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. Consequently, the old will can be given effect.

Can a Flower Mound, 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 knowledgeable lawyer in Flower Mound, 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 Flower Mound

Flower Mound is located in Denton and Tarrant Counties, Texas. It is a suburb that is part of both Forth Worth and Dallas--a unique quality. Per the 2010 census, the population is 64,669 people.

How did Flower Mound get its name? Well, it is named after a 12.5 acre mound filled with wild flowers and slopes. This property is owned by the Mound Foundation. This is a fact that many visitors find very interesting.

Famous people that have, at one time or another, called Flower Mound home include "Mean Joe" Greene, Glen Titensor, Donald Driver, Tony Casillas, Chris Brown, and David Murphy.

Flower Mound is also home to many attorneys who have established themselves while working in local law offices and small firms. These attorneys practice in various legal areas, are well-experienced, and focus on providing excellent legal services.

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