San Antonio Will Contest Lawyer
Do you believe your loved one's will doesn't properly reflect his or her wishes? You may be able to file a challenge — called a "will contest" — to ask a court to throw out a will or portions of it.
In Texas, there are very strict time limits and specific rules involved in contesting a will. For that reason, we strongly recommend working with an attorney experienced in will contests. At The Law Office of Ryan C. Moe, PLLC, we have that experience. To arrange a consultation with one of our San Antonio will contest attorneys, call 210-861-6000 or send us an email.
We represent clients who wish to contest a will as well as those defending a will.
Grounds for Disputing a Will
Disputes over wills occur for many reasons, including:
- Unsound mind: If you believe your loved one lacked the mental capacity to create a will or was not of sound mind when the will was created, you may be able to bring a will contest alleging the deceased lacked what is called "testamentary capacity." In order to create a valid will, the testator (the person drafting the will) must be able to understand the nature and effects of making a will and the extent of his or her property, among other things.
- Duress/undue influence: If someone coerced the testator into writing the will in a certain way, or otherwise influenced the will, the will may be invalid.
- Improper execution: If the will's creation did not follow Texas law, then a court may find it invalid.
- Supersession: Did the testator sign a later document that counteracts portions of the will? If so, that document may supersede and invalidate those portions.
Courts can choose to invalidate all or a portion of the will. When a court voids an entire will, it may determine that a previous will written by the testator is valid or it may decide that the testator died intestate (without a valid will).
Contact a Bexar County Probate Dispute Attorney
Are you involved in a probate dispute involving a will? Contact us to arrange an initial consultation with an experienced probate dispute lawyer. Call 210-861-6000.
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