Lack of Testamentary Capacity
Testamentary capacity is the legal term describing a person’s legal ability to make or alter a valid will. Testamentary capacity becomes an issue when someone claims that the testator – the person who made the will – did not understand what was happening.
Examples of this include:
- The testator did not understand they were signing a will
- No comprehension of what property is being willed away
- No comprehension of who is receiving the property
Undue Influence
Undue influence is exactly as it sounds – someone placing influence on the will maker and inappropriately swaying the decisions of the will maker. Undue influence is tested by examining if the testator made a will different than they normally would have. Undue influence in estate planning can be difficult to prove because the will maker is often unavailable to be in court answering questions concerning influences during the will-making process.
Due Execution
Execution of a will takes place when the creator signs the document. There are specific steps and formalities that must occur under Texas law. If these are not followed, lack of due execution is a reason to contest a will in Texas. Lack of a witness or a missing signature are examples of missed steps in the will execution process.
Other Noncompliance Issues
Wills can be complex legal documents. The depth of the assets can further complicate a will, along with the number of heirs and size of the assets. There are many intricacies to a will in Texas, and an experienced legal team can dissect a will for all the proper legal characteristics.
Understanding the Costs of Contesting a Will in Texas
Contesting a will in Texas involves several potential costs, which can vary significantly based on specific circumstances. Here’s a detailed look at what you might expect:
Legal Fees:
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Hourly Rates: Many attorneys charge by the hour for will contest cases. This rate can differ widely depending on the law firm’s experience and reputation.
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Contingency Fees: Some lawyers offer to handle cases on a contingency fee basis. This means you only pay if you win the case, typically by giving a percentage of the recovered amount.
Court Costs:
- Filing Fees: Expect to pay fees to the court when you file your contest. These fees are usually mandatory and can vary by county.
- Expert Witnesses: In some cases, it may be necessary to hire expert witnesses, such as forensic accountants or handwriting experts, to strengthen your case.
Additional Expenses:
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Research and Investigation: Gathering evidence to support your claim might involve subpoenaing records, which can incur additional costs.
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Mediator Fees: If the case goes to mediation, you may need to share the cost of the mediator.
Before proceeding, it’s advisable to contact a legal professional to discuss the specifics of your case. This conversation can help you gain a clearer understanding of potential costs, tailored to your situation, allowing for informed financial planning.
Get Help To Contest A Will
When you need to contest a will in Texas, it is best that the interested party use the services of a Houston probate litigation attorney. These types of legal proceedings require an extensive amount of evidence and arguments. With the aid of a Houston probate attorney, the interested party will be able to show that they have the right to sue and have a valid reason for contesting the will.
An individual that decides to contest will likely meet a large amount of friction from other heirs. This is why it is important that a Houston probate attorney be used to protect and fight for the legal rights of the interested party.
To discuss your probate questions, please call Your Texas Probate Attorneys, Attorneys at Law at (844) 878-0700 in Houston and (817) 532-6797 in Fort Worth or fill out the online form.