Contested Wills in Sugar Land, Texas

Find the right Contested Wills attorney in Sugar Land, TX

Sometimes, family members of a recently-deceased person in Sugar Land, 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 a large amount of money is involved, someone who was left out of a will, or not given what they were expecting, might believe that contesting the will is worth the time, money, and energy that doing so would require.

Nonetheless, this is a matter that should not be approached lightly - will contests can often foster strife and infighting within families who are already mourning the loss of a loved one. This can permanently damage or alter family relationships.

When Can a Will be Contested in Sugar Land, Texas?

There are numerous reasons that a Sugar Land, Texas court might hold a will to be invalid.

To be valid, a will must be a product of the testator's own free will. So, a will that the testator was forced or tricked into making is not valid, if the probate court finds out about the duress or trickery. Of course, wills are typically made many years before a person dies, so how can a person expect to prove duress or fraud if they suspect it? To begin with, it's not easy. It is possible, however. First of all, it's good to have as much documentation of the testator's affairs as possible. Any written statements concerning their desires on this matter will also be very useful, if there are any. Also, if the suspect gift is totally out of left field (property is left to someone that you know the testator didn't like, or barely knew, for instance), this might also support your position that the will was invalid. Of course, the testator can leave his or her money to whomever they want, so these facts, by themselves, will not be enough to prove fraud or duress.

A will can also be denied because the decedent was not mentally competent to draft it at the it was made. A court will look at the person's mental capacity at the time the will was made, so even if the testator is now perfectly sane, if he or she was incapacitated for whatever reason (by way of intoxication, for instance) at the time the will was made, the will can still be invalidated.

If you successfully contest the will in Sugar Land, Texas, the court will likely distribute the property as if the decedent had died without a will. This usually involves giving it to the closest living relative. While the exact intestacy schemes (the order in which property is distributed to relatives) vary from state to state, they are usually pretty similar. If possible, the property will go to the decedent's spouse, and if the decedent has any minor children with that spouse, it is with the understanding that the money will be used primarily for their care. If the decedent did not have children or a spouse (or outlived them), the property typically goes to the decedent's parents. If neither of them are alive, it goes to grand children, grandparents, or siblings. After that, it typically goes to cousins, nieces/nephews, step-children, former spouses, etc. Intestacy laws provide a line of succession long enough that just about anyone will leave at least one person behind who is entitled to inherit from them, even if they're an extremely distant relation. Sometimes, however, people make multiple wills, to account for the many personal and financial changes that usually happen during a person's life. Usually, the most recent will purports to revoke all past wills, to avoid any conflict between them. In such cases, if a will is entirely invalidated, a court can sometimes revive the second most recent will.

Can a Sugar Land, Texas Contested Will Attorney Help?

Because this can involve complicated legal issues, and be very emotionally draining, this is not something you want to go at alone. A reputable lawyer in Sugar Land, Texas can be very helpful in making sure that this process goes as smoothly as possible.

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

Life in Sugar Land

Sugar Land is an affluent suburb located in Fort Bend County, Texas. The U.S. Census Bureau, in 2011, has estimated the population to be 84,511 people. When the area is described as affluent, this is no joke. The median family income is ,261!

The history of Sugar Land is rooted in the sugar plantation industry--hence the name. It is the headquarters of Imperial Sugar.

CNN Money ranked the area third on its list of "100 Best Cities to Live in the United States." Also, it was voted as the "Fittest City in Texas" in 2007. Not only do residents work hard for their money, but also to stay in shape.

Some great attractions to check out is Sugar Land Town Square, First Colony Mall, and the Sugar Land Ice and Sports Center.

Major employers include Western Airways and Nalco Energy Services, Imperial Sugar, Schlumberger, Minute Maid, and BMC Software. Sugar Land is also home to well-experienced attorneys, law offices, and well-established small to mid size firms. Therefore, residents and local businesses do not have to travel far to receive legal guidance in any and every area of law.

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