If you find that your loved one’s last testament has been challenged, also known as contesting a will, it’s best to find legal representation. Our probate attorneys in McAllen have the experience and determination to guide you to a legal victory. Our team has put together a list of terms to help you better understand the basics.
A contested will is a will that has been challenged. A will is often contested when:
● The will was forged
● There were no witnesses
● Failure to include all provisions
● The testator was under the influence
● Another will replace it and was not made official
● The testator was coerced to write it in someone’s favor
To avoid litigation and protect dying wishes, Texas enforces the “No Contest Clause,” in which the contester forfeits all possessions written in the will. On rare occasions, the contester may prove their good faith if they can show proper proof.
An uncontested will refers to when all parties and heirs agree to all aspects of the choice, then the will goes uncontested. At times, the participants must show proof of their agreement in the court system and have it approved by a Texas judge. Having a will uncontested makes the process run quicker as it is easier to run through all the research and details of the case.
Contested Final Hearing
If neither party within the will can agree on anything, they may present it in a contested final hearing before a judge. By listening to both parts, the judge will reach a consensus and make a final decision.
A counter-petition is how a respondent fights back to the contest. It commonly states what orders you wish for the judge to make from the dispute.
It is best to hire a mediator to help push for an agreement more quicker. A mediator is an independent legal representative who can help you weigh all options and negotiate an equal and fair agreement that benefits both parties. Ask our probate attorneys in McAllen for representation.
Issues Covered by Probate Attorneys in McAllen
Our legal firm handles the following:
- Contested Wills
- Estate Planning
- Power of the attorney
Why is it Important to Have a Will?
Make it easier on your loved ones and help write a will determining who inherits your belongings. Divide and decide who gets your assets. It is crucial to have a choice if you have a child to allow them to benefit and prevent others from fighting over your possessions or the government from taking over.
Contact our Probate Attorneys in McAllen
Contact us today. Reach out for a free consultation and allow us to help represent you in the courtroom. We happily review all information thoroughly and are ready to aid you in a win.