Contested Wills in Socorro, Texas

Find the right Contested Wills attorney in Socorro, TX

Sometimes, family members of a recently-deceased person in Socorro, 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."

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 the decedent was fairly well-off, their will might involve a great deal of money or property. This is one of the general 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.

As with the initiation of any other legal proceeding, contesting a will is a big decision. It can be time-consuming and costlye. It also has the possibility to damage family relationships and foster strife among individuals who are already mourning the loss of a loved one.

When Can a Will be Contested in Socorro, Texas?

Courts in Socorro, Texas will not let a person contest a will unless they have an excellent reason. There are, nonetheless, some allegations which will always invalidate a will, if they are proven.

One big reason to invalidate a will is the fact that the will was made under duress. "Duress" simply means forcing somebody to do something they don't want to, using some kind of threat. Usually, the threat involves some type of physical harm. The most obvious example would involve putting a gun to somebody's head and telling them to write a will containing the terms desired by the gunman. Such a will, assuming the underlying facts can be proven in court, will never be valid. Of course, the validity of a will rarely becomes an issue until the testator has died, which may be years after the will was drafted. This means that proving the circumstances under which the will was made can often be very difficult. However, there are certain facts, such as the devise being to an "unnatural" beneficiary (somebody the testator didn't know very well, for instance), and the beneficiary being in a position of power over the decedent, are enough to at least create a suspicion that something is wrong.

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 legitimate will, the individual 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 Socorro, 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 Socorro, Texas Contested Will Attorney Help?

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

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

Life in Socorro

Located in eastern El Paso, Texas, Socorro is a city that is full of Texas charm. Socorro is home to just under 28,000 residents. The land-locked city is located on just under eighteen square miles. Adopted in 2001, Socorro has a city manager form of government.

Socorro's average resident is twenty six years old, with more women than men living in the city. Many of the city's residents work in the service industries. There are also a lot of land developments starting in the Texas town, which will provide work and growth for Socorro.

Another notable aspect of Socorro, Texas is the strong legal community. In addition to other Socorro professionals, Socorro lawyers are also ready and available to help their fellow citizens. The range of practices that Socorro lawyers are skilled in is practically limitless. Whether facing a small or large legal issue, Socorro lawyers are available to give you the best possible representation.

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