Attorney to Contest a Will in Corpus Christi, Texas
A will contest occurs when a natural or expected heir to an estate challenges the will based on several legal grounds.
The motivation for a will contest is usually simple: the individual may rightly want to receive some asset or money they feel entitled to from the deceased.
The most common type of individual to contest a will is a:
- former spouse
These individuals often have a stake in the life of the deceased, and can feel slighted if omitted from the will.
The will contest may take place when the will is submitted for probate, and there are several grounds upon which an heir may dispute the will:
- The will is invalid due to improper witnessing or signing of the will
- The deceased was incompetent or lacked mental capacity at the time of drafting
- There was some undue influence on the deceased by someone in a trusted position
All of these will require some factual evidence and witnesses to prove, and it is difficult to completely void a will. If there is some evidence, the court may amend some portions to create a fair distribution.
However, if none of the reasons described exist for a will contest, the probate will go forward regardless of how the property was distributed.
If you have been part of a probate where there appears to be some problem with the will or it looks suspicious, you should retain an attorney to represent you. There is only 90 days to contest a will from the time that probate begins, so do not delay if you are unsure of the will’s validity.
In large estates, a great deal of money can be at stake, and it is wise to hire one’s own attorney as the probate attorney represents the estate and not the heirs.
Bobby Bourlon has the experience and skill to look at the will being probated and surrounding circumstances to determine any problems. As an heir you have rights to protect, and he can be your trusted attorney to guide you in this sensitive case.
Please call today for a free consultation at 361-289-6040.