Bastrop County Will Contests
After a person passes away, he or she will usually leave behind a will that outlines how to divide his or her property after death. However, transferring property and administering the terms of a will is not always a smooth process. In many cases, disputes may arise, and the family will need to resolve these issues.
If you are contesting a will, you need an attorney on your side. The Texas will contest lawyers at Marrs Ellis & Hodge LLP can fight for you and your family’s best interests, working tirelessly to secure your desired outcome.
Why Choose Us
- Our firm has represented hundreds of clients over our decade of experience. We have the skills and knowledge necessary to help you navigate the complex will contest process.
- We have won multiple awards and distinctions. Our firm has received a preeminent AV rating from Martindale-Hubbell, and our attorney Joe Marrs has received multiple Super Lawyer distinctions from Thomson Reuters.
- Our attorneys are committed to securing the best possible outcome on behalf of our clients. We will work closely with you to identify your goals and will advocate aggressively for your best interests during each stage of your case.
Legal Requirements for a Will in Texas
A will is a testamentary instrument to divide a deceased person’s property according to his or her wishes. Under Texas law, a will must meet the following criteria to be considered legally valid.
- The testator of the will has legal capacity to create a will. A person has legal capacity if he or she is 18 years or older, has been legally married, or is a member of the United States armed forces.
- The testator has the testamentary capacity to create a will. This requirement is also known as being of sound mind. The testator must have the mental capacity to understand the creation and effect of the will, the extent of his or her property, and other important elements.
- The testator has the testamentary intent to create the will, meaning that he or she intends to create a document that explains how to divide his or her property following the death.
- The will complies with Texas’s legal formalities. A will can either be holographic, or handwritten and signed by the decedent with no formal witnesses or notaries, or attested, which is typewritten and signed by the decedent with at least two credible witnesses.
What is a Will Contest?
If you believe that a will is invalid in some way, you have the right to pursue a will contest. A will contest is a legal matter that a person who has standing, or legal interest in the estate, can file in probate court. There are many reasons as to why a person may pursue a will contest, including suspicion of coercion, irregularities between the will and the decedent’s wishes, and other forms of misconduct.
Many will contests arise due to issues involving testamentary capacity or undue influence. Family members may believe that their loved one did not have the mental capacity required to legally execute a will, leading to inconsistencies in the document. Undue influence arises when a person believes that another individual coerced or forced the decedent to include terms in the will that he or she would otherwise not have.
Contact Marrs Ellis & Hodge LLP Today
Contesting a will can be difficult to handle alone, especially when family is involved. If you need assistance with a will contest, the Bastrop County attorneys at Marrs Ellis & Hodge LLP can help. Contact our firm today to schedule a free consultation with a will contest attorney.