San Antonio Will Contest Attorney

Inheritance Disputes Lawyer in San Antonio

In Texas, disputes over wills and estates can often be complex and emotionally charged. These types of disputes can arise for many reasons, such as a family member feeling slighted by the distribution of assets or a challenge to the validity of the will itself. Understanding the legal landscape surrounding will and heir disputes in Texas is essential for anyone going through one of these situations. To help ensure this complicated process is dealt with lawfully and effectively, contact an experienced estate litigation attorney to ensure all necessary legal protocols are followed.

Geoff Mayfield, Attorney at Law has the legal experience and skill necessary to help ensure that all matters related to estate litigation are handled professionally and courteously. He will explain your legal options while providing top-tier legal advice to help ensure your family can resolve issues related to will contests and heir disputes.

Essential Considerations for Estate Litigation in Texas

The first thing to understand is that Texas is a community property state. This means that any property obtained during a marriage is thereby owned by both equally by both spouses, except in cases where it is explicitly stated otherwise in a person's will. When one spouse dies, half of the community property is typically passed on to the surviving spouse.

If there is a will, it will typically name an executor who is responsible for carrying out the wishes of the deceased person. The executor is responsible for identifying all of the deceased person's assets and ensuring they are distributed according to the terms of the will. However, there are situations where disputes may arise over the distribution of assets. In these cases, it is essential to understand that the executor has a legal obligation to act in the estate's best interests rather than for the benefit of any individual party.

Common Causes of Will Disputes

One common cause of will disputes in Texas is when someone feels that they have been unfairly left out of a will. In order to contest a will in Texas, the person contesting it must have standing, which refers to having a financial interest in the outcome of the proceedings. For example, if someone who would have the right to inherit property if a person had died without a will, such as one of their children, is entirely left out of the person's will, they would typically have standing to contest it. However, a person who did not have an interest in the disposition of the estate may not have standing to challenge the will.

To successfully contest a will in Texas, the person contesting it must prove one of four grounds: lack of testamentary capacity, undue influence, fraud, or mistake. Lack of testamentary capacity means that the person making the will did not have the mental ability to understand the consequences of their actions when they created the document. Undue influence means that someone exerted pressure on the person making the will, causing them to change its terms in a way that went against their actual wishes. Fraud means that someone intentionally misled the person making the will, while mistake means that errors were made when the will was created or executed.

What to Know About Heir Disputes

In addition to will disputes, there can also be other types of disputes between heirs in Texas. When someone dies without a will, their property is typically distributed according to the state's intestacy laws. These laws dictate a specific order of heirs who have a right to inherit the deceased person's assets. If there are disputes over who is entitled to inherit, an estate administration attorney can help you navigate the complex legal landscape and determine how these issues can be resolved.

Contact a San Antonio Estate Administration Attorney for Probate Litigation

Estate administration can seem like a daunting task. Not only are you mourning the loss of your loved one, but you are also working through complicated legal matters related to their money and property. Geoff Mayfield, Attorney at Law is a highly experienced estates attorney who has worked on many cases involving estate litigation. With Attorney Mayfield, you can trust you are working with an advocate who can provide effective assistance with these legal matters. Our firm serves clients in Comal County, Bexar County, Wilson County, and other surrounding communities. Contact us at 210-535-0870 for a free consultation.