5 FAQs on Handling a Contested with from our Probate Lawyers in McAllen

Contested wills are no walk in the park, they require proper legal experience to combat in the court system. Don’t let finances interfere with your loved ones reach out to our probate lawyers in McAllen. Barrera and Associates can give you thorough step-by-step guidance in helping you plan your next move.

What is a Will?

A will is a carefully written out document that explains who receives your assets after death. Our law firm specializes in constructing wills and combatting contested wills. Our expertise and experience will give your case the upper hand in court.

What’s a Contested Will & How Can I Fight It?

A contested will is a case filed against a written will that claims the validity of the written document is false. This could be done by finding credible evidence that:

  • The testator was under the influence of substances
  • The testator was not in the right mind when the will was made.
  • There is suspected fraudulent information
  • The previous will wasn’t denounced, making it the legal will

Just because a will is fought in court does not mean it’s uncreditable. Greed entices people to do malicious things, which is why there are such acts as the “no contest clause,” better known as the forfeiture clause, that a will contester will give up all rights to being a beneficiary even if they are mentioned in the will. An individual can rarely be a beneficiary if the courts rule that the contester filed in “good trust” or with the appropriate action.

How to Fight a Contested will: Necessary Steps Forward

  • Reply for Complaint
  • Find Relevant Eye Witnesses
  • Hire our probate lawyers in McAllen, if you’ve never dealt with a contested will.
  • Gather Any Necessary Information about the Deceased Individuals Assets and Financials

What are Possessions that I May Put or Find in a Will?

In a modern will, there are a few personal assets that can be included in a choice:

  • NFTs
  • Stocks
  • Bonds
  • Estate
  • Patents
  • Royalties
  • Copyrights
  • Cryptocurrency
  • Valuable Objects such as jewelry, furniture, art, and other belongings.

A New Age: Cryptocurrency & NFT’s

You may be in the dark about virtual currency and digital assets, cryptocurrency, and non-fungible tokens (NFTs) if you are under forty-five. Both can be sold, bought, or traded and put in trust. Cryptocurrency is a digital currency, while NFTS is tangible cryptographic tokens that exist in a blockchain and cannot be replicated.

How to Include NFTs & Crypto in Wills

 In the state of Texas, the Virtual Currency Bill allows Texas-chartered banks to provide security for digital assets. The Treasury and the IRS treat NFTs and cryptocurrencies such as Bitcoin or Dogecoin as property. It’s pivotal to ensure passwords and vital data are given to access such possessions as; without any information, your virtual assets will be inaccessible and unfindable. Note that this is still money, and it will be taxed just as stocks are.

Call our Probate Lawyers in McAllen

Choose Barrera and Associates for confident and compassionate legal representation until the very end. We have the experience in law you need to give you the results you want. Contact us online or call 956-287-7555 for a free consultation and estimate.

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