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Texas Estate Litigation

We litigate large estates fights on contingency

Estate Fight Litigation in Houston

An Estate fight is typically a Will Contest which is a type of litigation that challenges the admission of a Will to probate. Issues that are likely to spur the contesting of a Will include:

  • the testator lacked mental capacity; i.e., was senile, delusional, or of unsound mind at the time the documents were created the testator was subjected to fraud, coercion or undue influence during its creation and implementation there are ambiguities in the document
  • the Will is a forgery or does not conform to legal requirements as to the number and nature of the witnesses.

If the Will is thrown out, the court may disallow only the part of the Will that was challenged or throw out the entire Will of the decedent, distributing the property as if the person died without a Will, or use the last previous Will, depending on state law and the specific facts and circumstances.


Other Types Estate Challenges

An heir or someone with standing such as a spouse or descendant can challenge the distribution share; force distribution of the estate from a beneficiary designation for the following:

– Life Insurance beneficiary designation

– Payable on death accounts Financial Accounts

– Investment Accounts (cash, mutual funds, stocks, bonds, CDs, etc

– 401k Beneficiary designation which by law should goto the spouse unless…

– Pension Beneficiary designation which by law should goto the spouse unless…

-ERISA Plans Beneficiary Designation which by law should goto the spouse unless…

 

The basis to challenge these designations are much as the same you would see in a Will contest.   For instance you can challenge the Capacity of the decedent when they made the purported designation.  Or you can try to obtain a declaratory judgment that the decedent was unduly influenced or taken advantage by someone.  Fraud is another cause of action that can brought.  

 

 

    Houston Texas Estate Probate Estate Wills Lawyer

    20 plus years of experience with high AVVO rating of 8.4 out 10 

    Texas Probate Trusts Wills & Estates Litigation Attorney based in Houston:

    • Administrations of Wills & Estates;
    • Estate & Trust Litigation and other inheritance issues.
    • Will Contests & Challenges
    • Contact him today at 713-965-3400 for an initial free consultation.

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