Contested Wills in Plano, Texas

Find the right Contested Wills attorney in Plano, TX

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

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 the decedent was fairly well-off, their will might involve a great deal of money or property. This is one of the basic reasons, besides a general sense of exclusion, that a family member might expend the great deal of time and money necessary to contest a will.

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 Plano, Texas?

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

For example, a will which was not made under the testator's own volition and free will is not valid. This means that the testator must be acting voluntarily throughout the entire process of making his will. Therefore, a will made under duress (force, or threat of force) will not be given effect. In order to show duress, you generally need to first prove that the person named in the will was in a position of trust and power over the decedent, and that they are an "unnatural beneficiary" (someone who you would not normally expect to receive a gift under a will, usually because they are not related to, or close friends with, the testator). These facts, taken alone, are never enough to definitively prove that duress occurred. They are, however, usually enough to suggest that something strange is going on, and warrant further investigation.

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 Plano, 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 Plano, 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 Plano, 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 Plano

Plano is a Collin County city that ranks 9th most populous in the State of Texas. Most folks who aren't from Plano still know about the annual Plano Balloon Festival or that it's consistently ranked in the top communities in the United States by Forbes Magazine and CNN Money Magazine. Much of those outstanding rankings have to do with the famous corporations headquartered in Plano. Cinemark Theatres, Dr. Pepper-Snapple Group, J.C. Penny, Pizza Hut, Dell's Computer Services, Frito Lay, Rent-A-Center, and Alliance Data are all located in Plano. The popular social phenomenon Facebook operates a number of servers in their Plano facility, too. The government facilities, as you would assume with such a massive and important community, are quite extensive.

Plano was ranked as "The Safest City in America" by Forbes Magazine in 2010 making it even more attractive to tourists and locals. A number of celebrities live in Plano including cyclist Lance Armstrong, professional golfers Fred Couples and Hunter Mahan, actors like Chance Crawford and Kevin McHale who plays "Artie" on primetime hit-series Glee.

A branch of Southern Methodist University (SMU) is located in Plano and enrolls 3,000 graduate students who major in business, education, and technical work like engineering. Plano is home to outstanding schools and companies making it a very desirable community in the United States. Unsurprisingly, there's also an outstanding cast of new and seasoned lawyers who are familiar with local Collin County and Texas State Courts.

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