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

Bringing legal action against anyone, let alone a family member, is not a decision that you should rush into. Contesting a will, especially if another family member stands to lose out if you are successful in the contest, can permanently alter or even destroy family relationships. Obviously, this is something to consider.

When Can a Will be Contested in Hutto, Texas?

There are several reasons that a Hutto, Texas court might hold a will to be 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.

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.

If the contest is successful, a court in Hutto, 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 Hutto, Texas Contested Will Attorney Help?

Contesting a will can be a convoluted, emotional, expensive, and time-consuming process. There is really no way around this. However, a knowledgeable Hutto, Texas wills and estates attorney can minimize these problems, and make the process as painless as possible.