Contested Wills in Wichita Falls, Texas

Find the right Contested Wills attorney in Wichita Falls, TX

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

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 considerable 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.

Like any legal matter, however, this should not be taken lightly. Will contests can foster conflict and strife within families who are already mourning a loved one. This can cause grave and irreversible damage to family relationships.

When Can a Will be Contested in Wichita Falls, Texas?

There are various reasons that a court in Wichita Falls, Texas might invalidate a will.

For instance, 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. Thus, 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. Essentially, if a person is unaware of what they're doing, and the consequences of their actions, they can't make a legitimate 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.

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

Contesting a will is never particularly easy or enjoyable. However, a reliable Wichita Falls, Texas attorney can help take some of the burden off of you, and handle some of the most difficult aspects of this process.

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

Life in Wichita Falls

Wichita Falls is a city located in Wichita County, Texas. Per the 2010 census its reported population is 104,553. The city is known because it is home to the "World's Largest Skyscraper." Another popular site is the Sheppard Air Force Base.

Wichita is home to many attorneys who work in surrounding cities at mid to large size firms, as well as well-experienced attorneys who have established local law offices. Therefore, the legal force in Wichita Falls is well-experienced and offers services in a variety of legal areas. Attorneys who have the larger firm experience are excellent at handling multiple legal matters efficiently. Whereas the attorneys who have established their small law offices excel in providing clients with personalized legal services. Residents and local businesses have access to attorneys with both characteristics and are therefore very blessed.

Famous residents (past and present) include Greyson Chance, Don Cherry, Phyllis Coates, Paul Eggers, Eddie Hill, Khari Long, Bill McDonald, Llyod Ruby, Bernard Scott, Nathan Vasher and Dave Willis.

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