Sometimes, family members of a recently-deceased person in Fort Worth, 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."
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 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 grave and irreversible damage to family relationships.
When Can a Will be Contested in Fort Worth, Texas?
Of course, a Fort Worth, Texas court will not invalidate a will without a very good reason, but there are some cases which render a will clearly invalid.
For instance, 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.
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 heavily intoxicated, the will is likely to be held invalid by a court, if the underlying facts can be shown.
If a Fort Worth, Texas will is successfully challenged and thus invalidated, there has to be some system for orderly distribution of the decedent's property. Typically, 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 Fort Worth, Texas Contested Will Attorney Help?
Contesting a will is often challenging, and never fun. However, the entire process can be made more bearable if you have the help of a knowledgeable Fort Worth, Texas attorney, and the process will probably be much more manageable.
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