Comal County Will Contest Attorney

Experienced Inheritance Disputes Attorney in Comal County

An heir dispute can be a complicated process for a family to have to go through. In Texas, some laws govern how a will can be contested and who has the right to contest it. Despite these laws, mistakes can happen during estate disputes that can delay or jeopardize the outcome of a case. Because of this, it can be highly beneficial to hire an estate litigation attorney to ensure that no costly mistakes are made during the process and that all parties involved understand their rights and can be committed to pursuing a lawful outcome in the case.

At Geoff Mayfield, Attorney at Law, our firm has the legal knowledge to provide our clients with the highest quality of legal representation available. When our firm's legal services are retained, clients can feel confident knowing that we will work tirelessly on their behalf, ensuring that all procedures are dutifully followed and that the case can be resolved efficiently and compassionately.

Avoid Making These Mistakes During a Will Contest or Heir Dispute

The following mistakes can be made during the will contest process in Texas. Remember, mistakes are often made when an attorney is not involved, which means that it is in your best interest to have a legal advocate on your side before you embark on this process is in your best interest. The following are examples of mistakes that can be costly:

1. Missing the deadline to contest a will - In Texas, a will must generally be contested within two years from the date the will is admitted to probate. Missing this deadline could result in the case being dismissed without a court hearing. It is crucial to consult with an attorney as soon as possible if you believe you have grounds to contest a will.
2. Not having standing to contest a will - Only certain people have the legal right, referred to as standing, to contest a will in Texas. These include beneficiaries named in the will, heirs at law, and creditors. The court will only hear your case if you have standing to contest the will.
3. Failing to provide adequate evidence - To contest a will in Texas successfully, you must provide evidence that supports your claims. This evidence can include witness statements, medical records, or other documentation. Failing to provide adequate evidence could result in the court dismissing your case.
4. Not understanding the burden of proof - In Texas, the burden of proof in a will contest case falls on the person contesting the will. This means that you must provide evidence that proves your claim. However, the standard in these cases is a "preponderance of the evidence," which is a lower standard than "beyond a reasonable doubt."
5. Focusing on emotional arguments instead of legal ones - Contesting a will can be highly emotional, but it is essential to focus on legal arguments rather than emotional ones. The court will not be swayed by emotional appeals and will only consider the case's legal merits.
6. Failing to seek legal advice - As previously mentioned, the estate litigation process can be confusing. Seeking legal advice from an experienced attorney is crucial to understanding your rights, gathering evidence, and navigating the legal system. Failing to seek legal assistance can result in mistakes and, therefore, a negative case outcome.
7. Not considering mediation or settlement - In some cases, it may be possible to resolve a will contest or heir dispute through mediation. During mediation, a neutral third party will assist the parties involved in a dispute as they work to reach an agreeable solution. Not considering mediation can result in a more protracted and costly legal battle.

Contact a Comal County Contested Wills and Estates Attorney

Navigating the aftermath of a loved one passing is difficult enough to deal with. Adding estate litigation to the mix creates a situation that can be much more difficult. It is essential to remember that you do not need to go through this process alone. Securing the services of an estate litigation lawyer can provide relief in this multifaceted legal situation.

At Geoff Mayfield, Attorney at Law, we pride ourselves in assisting our clients from day one to address all matters related to their will and estate disputes. We understand that an heir dispute can have significant implications for a family, and we compassionately work to resolve disputes while staying focused on our clients' needs and goals. Let us handle all your estate litigation needs. Contact our office at 210-535-0870 for a free consultation.