We are Texas plaintiff law firm for Will contests and Trust Disputes on contingency located in Houston.. Will Contests are complex, expensive, and emotionally charged affairs. Usually, we can help plaintiffs when there was diminished capacity or undue inlace our outright lack of capacity of the testator. The Testator is the decedent whose will it is Besides when there is fraud or forgery or alteration of the Will; you can challenge a Wall for capacity or undue influence. There are also cases made when a purported Will is made under duress which usually falls under “undue influence.. The complee Lack of Mental Capacity to execute a Will: is not the only reason to challenge a Will.
Lack of mesquite mental capacity to do a Will
In order to do a will, the testator needs to know the bounty of their estate. Wills are often attacked if the testator had dementia,Parkinson’s, or Alzheimer’s disease. Other factors that can lead to a challenge of a Will are those did Wills that suffer from depression, mental disorders, drugs abuse, and alcoholism.
Undue Influence
Undue Influence by a third party over the testator: Sometimes used in conjunction with diminished capacity. When someone is starting suffer from cogntive impairments and need the help of others they are must susceptible to undue influence.
Diminished Capacity
Sometimes, diminished capacity can be characterized as “sundowners” or sundowners syndrome whereby they are often “fine” in the morning and later in the day, they are no longer at their best. Usually sundowners suffer symptoms or dementia that can include difficulty sleeping, anxiety, delirious, hallucinations, and disorientation among other sysptoms. The precise cause of sundowners is unknown but sundowning may occur due to disease progression such as demential and other afflictions that cause changes in the brain.
Duress
Duress and undue pressure fall under this kinds of Will Contest. For starter’s, did someone control every aspect of the testaor’s life? Did the testator manage their own medical and financial affairs? Did someone mislead or lie to testator? These and many other factors can let you bring a Will contest in good faith even if there is a “No Contest” clause..
If someone uses coercion on the testator such as the practice of persuading someone to do something by using force or threats. Duress is when there are threats, violence, constraints, or other action brought to bear on someone to do something against their will or better judgment.
We can hep you for sizable estates as a plaintiff law firm for Will contests on contingency.
