Kendall County Will Contest Attorney

Kendall County Heir Disputes Lawyer Protecting Your Inheritance Rights

Many of us understand that the goal of careful estate planning is most often to provide loved ones with peace of mind regarding what will happen to a person's assets or property upon their death. However, sometimes, someone may feel it necessary to contest a will, or a dispute may arise among a person's heirs. When something like this occurs, hiring an estate litigation attorney is often crucial in working toward an amicable solution to whatever issues are at hand. Therefore, it is essential to understand the valid reasons why someone would want to contest a will. It is equally important to understand when and why an heir dispute may arise during the estate litigation process.

Make no mistake: estate litigation can be a long and challenging road. Contesting a will or managing an heir dispute can be highly unpleasant. At Geoff Mayfield, Attorney at Law, we understand the seriousness of these situations, and we are proud of our steadfast commitment to our clients and their best interests. The experienced counselor at our firm knows the legal landscape of estate litigation. We also understand the importance of treating these situations with compassion and making a positive and worthwhile connection with clients, which can help make this often tricky process less emotionally taxing on all involved.

Unpacking the Reasons for Contesting a Will

The following are valid reasons why someone would contest a will in Texas:

1. Lack of testamentary capacity - The law in Texas requires that the person making the will, also known as the testator, must have testamentary capacity at the time of the signing of the will. Testamentary capacity means they must fully comprehend the nature and extent of their property and the effects of the will. The will may be contested if it is determined that the testator lacked the mental capacity to fully understand the decisions being made.
2. Undue influence - Texas law prohibits someone from using improper influence to get a testator to create or update a will in a way that goes against the testator's wishes. For example, suppose a caregiver coerces a vulnerable individual into leaving them a significant portion of their estate. In that case, this will likely be considered undue influence. A will may be contested if it is determined that it was created under undue influence.
3. Fraud - If a will was created through fraudulent activity, such as the testator being deceived about the contents of the will, or if the will was forged, it can be contested. A fraudulent or forged will does not accurately reflect the testator's wishes.
4. Error - A will may be contested if a mistake was made when creating or executing the legal document. For example, if the testator incorrectly identified a beneficiary, the will may not accurately reflect their wishes.

Unpacking the Reasons for an Heir Dispute

For those unaware, an heir dispute occurs when there is disagreement among family members or beneficiaries as to how an estate should be divided. An heir dispute may arise for several reasons, including the following:

1. Unequal distribution - When a testator distributes their assets among their heirs, this could lead to an heir dispute. For example, if a testator leaves a significantly larger share of their estate to one child than another, it could cause resentment and lead to a legal challenge.
2. Disagreements over assets - A dispute may arise over who should receive a particular asset, such as a family heirloom or a valuable piece of property.
3. Failure to update an estate plan - If a testator fails to make changes to their estate plan after a significant life event, such as a divorce or childbirth, this could lead to confusion and disagreements among heirs.

Contact a Kendall County Will Contest and Heir Dispute Attorney

As has been illustrated, estate disputes can arise for any number of reasons. When something like this occurs, it is essential to act swiftly and with purpose as you work to resolve the disputes and issues at hand. Remember, you do not have to face these issues alone. It is best to hire an attorney to help resolve matters effectively.

At Geoff Mayfield, Attorney at Law, we understand the complexity of estate litigation and the difficult emotions that can be involved in these situations. Our firm is committed to advocating for our clients and working tirelessly to preserve and defend their best interests. Contact us today at 210-535-0870 for a free consultation.