Contested Wills in Mcallen, Texas

Find the right Contested Wills attorney in Mcallen, TX

Occasionally, family members of a recently-deceased person in Mcallen, Texas will attempt to claim that a will is invalid, usually 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 large 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.

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 Mcallen, Texas?

Courts in Mcallen, 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.

For example, a will obtained through duress (a threat of harm, usually 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 reason why a will might be invalid is the maker of the will being mentally incompetent at the time the will was made. In order to make a valid will, the person making it must have enough of his or her mental faculties to understand what they're doing, and the consequences of it.

If the contest is successful, a court in Mcallen, 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, usually 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. Typically, 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 Mcallen, Texas Contested Will Attorney Help?

Contesting a will is often difficult, and never fun. However, the whole process can be made more bearable if you have the help of a qualified Mcallen, Texas attorney, and the process will probably be much more manageable.

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

Life in Mcallen

McAllen, Texas is the largest city in Hidalgo County, having a population of more than 100,000 people.

McAllen, Texas was recently ranked by Forbes Magazine as having one of the best real estate markets in the U.S. It is currently designated a Foreign Trade Zone by the federal government, which is basically a free port, meaning that goods from other countries can enter the U.S. without having to pay customs duties.

Thanks to this free port, McAllen, Texas has a thriving retail sector, with many high-end retailers catering to American and Mexican shoppers, alike. This free trade zone also promotes a great deal of industrial activity on both sides of the border, benefiting both economies.

McAllen is a popular destination for dedicated bird watchers, as it lies on a migratory path that many different species of birds take from South America to North America. The rural areas surrounding the city provide excellent bird watching sites, along with a rich abundance of other wildlife.

If you are looking for a lawyer, and live in McAllen, Texas, chances are good that you'll be able to find one. There are many McAllen, Texas lawyers who can help you with almost any legal problem you might have.

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