What Happens if You Dispute a Will?
In an ideal world, a will would be a simple, cut-and-dry opportunity for an executor to distribute the assets of a deceased person according to their wishes. However, even the most robust estate plan can lead to contested wills. From disputing a will's validity to contesting the distribution of assets, beneficiaries in Texas have the legal right to challenge a will and asset distribution.
Most people appreciate that state laws provide them with that right, but what happens if you dispute a will?
It is not always a straightforward procedure. The probate process in Texas typically takes somewhere between two and six months. Contested wills are among the biggest reasons for the process taking even longer. Depending on the complexity of the litigation and the number of parties involved, it can take several years for the probate process to complete.
It goes without saying that, as with any legal concern, one of the most important considerations for successfully contesting a will is seeking out expert legal advice.
Speak to a Skilled Probate Attorney from Hardie Alcozer
There is more to disputing a will under Texas state law than stating that you disagree with something. The default settings in probate court involve adhering to the wishes of the deceased person according to their will or other estate planning document. Alternatively, where there is no valid will in place, a judge will revert to state law.
State intestacy laws dictate that the entire estate goes to the closest relatives. If there is a surviving spouse, they typically acquire the majority of what is left of the estate following the payment of debts and taxes. For any other interested person, they must not only have a valid reason to contest the will, but must provide evidence to convince a judge that they have the standing to contest the will and to convince them to alter the standard procedures.
These are just some of the reasons why any plans to contest a will in court should be backed by a high-quality lawyer. The attorneys at Hardie Alcozer can help you retrieve information to support your case and ultimately support you as you seek to successfully contest a will.
Our team is standing by now to discuss your circumstances and give you an insight into having the best possible chance of success. Call our law offices in Austin, Texas today at (512) 374-4922.
How To Dispute a Will in Texas
The first step in disputing a will in Texas is to ensure that the statute of limitations for lodging a dispute remains in effect. Outside of exceptionally rare cases, interested persons have two years from the date the will was admitted into probate in order to lodge their claim.
Typically, it is best to make claims as early as possible. While the two-year statute is in place, any associated legal action has no time limit. As such, the time it takes to contest a will varies depending the nature of the complaint, the use of mediation and the need for court visits.
When planning ahead, an interested party needs to consider other parties to. Contesting a will is not necessarily a discussion between the complainant and a judge. Other interested parties also have the right to challenge and defend your claims, or may launch counter-claims.
Ensure You Are an Interested Party
You must also prove that you qualify as an interested person. Generally speaking, if you have a financial interest in the will and the distribution of assets, you also have the right to dispute any decisions made. Typically, heirs, devisees and spouses all have an automatic interest in the will and, as such, can take any necessary action to make a claim.
Grounds for Disputing a Valid Will
It is vital to ensure you have grounds for a will contest before the initial hearing. A last will and testament is a legal a legal document and a judge will treat it as such, proceeding with due execution unless there is a reason not to do so. A valid legal challenge is one such reason.
To dispute a last will and testament, an interested party typically needs to present a case that incorporates specific grounds.
Revocation by Physical Act
A challenge on these grounds seeks to prove that the deceased revoked their will through a physical act, such as the intentional destruction of the original legal document.
Revocation by Subsequent Instrument
By law, the most recent document takes precedent over a prior will. On these grounds, an applicant would look to prove that the previous will was superseded by a new document. These grounds also apply to cases where the deceased authorizes a document to state that the prior will is no longer valid, even if they did not replace it with a new estate plan.
Fraud
Unsurprisingly, fraud can rear its head when there is money and property from an estate on the line. In some cases, those that passed recently may have been elderly or incapacitated to the point that they were more susceptible to fraud than earlier in life. These cases typically involve the testator having their signature forged or pages of the will being amended or replaced without their knowledge.
Errors
A will is only valid if the testator knew what they were doing when they created it and understood the implications. A will contested on the basis of errors and mistakes relies on providing evidence that the testator lacked understanding of what they were signing, or did not intentionally allocate assets to certain beneficiaries.
Lack of Testamentary Capacity or Mental Capacity
Beyond simple mistakes, a will may be deemed void if the testator was deemed not to have testamentary capacity. This may be due to a variety of reasons, such as illness or confusion. If someone can successfully prove that the testator did not have the required mental capacity to authorize an estate plan, they may be able to successfully contest the entire will.
Undue Influence
A will contest based on undue influence requires the applicant to prove that the deceased did not sign a will based on their own beliefs and plans alone. For example, if the testator lived with someone shortly before their death, modified their will while cohabiting and that person benefits to a greater extent than expected, there may be grounds to contest the will on the basis that they were unduly influenced to change their plans.
Key Considerations Before Challenging a Will in Probate Court
Before moving forward with a will dispute, it is vital to understand that being active parties in a contested will case will usually involve involve a significant investment of time and money. Initially, anyone considering a challenge should consider whether the received assets based on a successful challenge justify the cost to contest the will.
Furthermore, there may be other considerations that your attorney will discuss with you to determine where a challenge is worthwhile.
No Contest Clauses
Some testators may incorporate a no contest clause directly within their will or other estate planning document. Also known as a penalty, forfeiture or in terrorem clause, they are specifically designed to discourage anyone from challenging the stated requirements of the will.
It is vital to understand that a no contest clause does not necessarily preclude an interested party from challenging a will with justifiable legal reasons. While these clauses are enforceable under Texas state law, a judge may decide that a no contest clause is unenforceable as part of the process of assessing a challenge to the will.
When deciding whether you will contest the current arrangements, consider what you have to lose or gain in conjunction with your lawyer. For example, if you stand to inherit relatively little from the estate, and any no contest clauses preclude you from receiving anything at all, a successful challenge would make prudent financial sense.
Where no contest clauses are in place, it all comes down to deciding whether something specifically placed in wills and other estate planning documents to dissuade beneficiaries from contesting a will is worth adhering to.
The Cost of Contesting a Will
If you choose to pursue litigation to obtain what you believe is your rightful share of the estate, it is worth considering whether the investment is likely to pay off. If you will contest it in court, you need to consider legal fees and the cost of supporting a potentially lengthy procedure.
For example, if the impact on your personal finance situation is greater than the value of any increased property value from the estate, you may prefer to focus on your current personal property rather than potentially mortgaging it against a future outcome.
While courts are typically involved in any will dispute, you can also discuss potential alternative options with your attorney. Rather than litigation, you may collectively decide to enter a process called mediation. This is all about compromise rather than having an outcome dictated by a judge.
As an added benefit, while litigation can play out over a number of years, skilled negotiators could potentially reach a conclusion in as little as just a few weeks, reducing both costs and stress levels for all involved and giving beneficiaries quicker access to their share of the estate, and more control over how the case plays out.
How A Probate Lawyer Can Help
Contesting a will is rarely straightforward. Like anything that is complex and benefits from specialist knowledge, it is best to consult the experts. In probate court, that means speaking to the attorneys from Hardie Alcozer.
We work to ensure that you understand the implications of your case and can establish the legal reasons driving your decision to contest the will. Our specific experience in probate court means we can provide a realistic insight into how the case will proceed.
We have decades of experience in handling cases of contested wills and invite you to utilize all of our expertise to give yourself the best possible chance of successfully contesting any will that you disagree with.
We invite all prospective clients to contact us to discuss your unique circumstances, but some of the legal services we can provide include:
Helping to establish if you qualify as an interested party
Providing authentic insight into what you stand to gain by contesting a will in the legal system
Determining if you have grounds to contest a will
Helping you to gather evidence to support your challenge
Supporting you in probate court when making your case around why you elected to contest the will
Negotiating with other parties that also have an interest in the will
Call Hardie Alcozer Now
If you have plans that involve contesting a will, it is vital not to go it alone. Any example of a successfully contested will typically involves changing the mind of a judge, who is inclined to take a will at face value unless convinced otherwise. That alone can be a daunting task, and one that is best left to experienced legal professionals.
At Hardie Alcozer, we will work tirelessly to ensure your needs are met. We have an outstanding track record in cases of contested wills and look forward to discussing your specific requirements.
Call our office today to find out precisely how we can help at (512) 374-4922.