Houston Will & Estate Probate Lawyer
15+ years of experience in Probate law with high AVVO rating
We litigate high stakes large estate fights on contingency
Issues likely to spur the contesting of a Will or an Estate:
- “Lost” original Will
- Dementia and Alzheimer’s
- Misappropriation of Trust Funds
- Undue Influence
- Lacking Capacity
- Elder Abuse
- Pretermitted child (born after the Will)
- Born out of wedlock
- Predatory Family or “Friends”
- “Twilight” Marriages
- Liver Failure
- Alcohol & Chemical dependency issues
- General Senility – unable to take care of themselves
In many cases, the testator of the purported “Will”; lacked full mental capacity; i.e., was senile, was delusional, was of unsound mind at the time the alleged “Will” was executed by the testator.
For instance, the testator may have suffered from the following conditions: Dementia, Alzheimer’s disease, senility, depression, mental illness or was over medicated. Perhaps, they suffered from other debilitating conditions and disorders both physical and mental that affected their cognitive function or reasoning ability.
Further, the testator may have been subjected to fraud, coercion (mislead), or undue influence during the purported Wills creation. Sometimes, the “purported” Will was not executed correctly or the implementation of the alleged Will has been corrupted. Sometimes, the testator was given a document that they did not understand or even know what it was.
Alternatively, there could be ambiguities in the document, or the Will is a forgery or the “purported” Will does not conform to legal requirements to be a valid Will as to the number and nature of the witnesses during execution of the document.
If the purported Will is thrown out, the court may disallow only the part of the Will that was challenged or they can throw out the entire Will of the decedent and therefore distributing the property as if the person died without a Will or in some cases use the last previous valid Will, depending on state law and the specific facts and circumstances.