Fayette County Will Contests
After a loved one passes away, you and your family can be overwhelmed with tasks. Even with careful planning, transferring inheritance can be challenging. In some cases, disputes can arise, which can be difficult to handle without legal assistance.
In these situations, Marrs Ellis & Hodge LLP can help. Our Fayette County attorneys will handle your will contest from start to finish, fighting for you and your family’s best interests in probate court.
Why Choose Us
- Our will contest attorneys in Texas hold multiple awards and distinctions, including a preeminent AV rating by Martindale-Hubbell and repeated Super Lawyer awards from Thomson Reuters.
- Over the past 10 years, our attorneys have successfully represented hundreds of clients in high-stakes property and will contest disputes. We are a boutique litigation firm built to win.
- Our attorneys have a deep understanding of the laws surrounding wills, probate matters, and other estate disputes. We can handle your case from start to finish.
Texas Will Requirements
A will is a document that outlines how to dispose of a person’s property upon his or her death. Texas recognizes two types of wills: a holographic, or handwritten, will, as well as an attested will, which is typewritten and signed by the testator, or decedent.
To qualify as a legally binding document, the will must meet a few key requirements.
- Legal capacity: The testator must have the legal capacity to create a will. A person can create a will in Texas if he or she is over the age of 18, legally married, or a member of the armed forces.
- Testamentary capacity: The testator must be of sound mind at the time he or she creates the will. The testator must have the mental capacity to understand that he or she is creating a will, the impact of the will, and the nature and extent of his or her property.
- Testamentary intent: The testator must have testamentary intent when he or she signs the will. This means that the testator intends to create a document that dictates how his or her property will be divided.
Common Causes of Will Contests
If you believe your loved one’s will is not legally binding, you can choose to contest it. A will contest is a legal dispute that challenges the validity of a will. To raise a will contest, you must have standing, or a legal interest in the estate. There are many reasons why these contests arise, including the following.
- The testator lacked required testamentary capacity at the time he or she created the will.
- The testator created the will under undue influence. This occurs when another person influences a testator to make decisions that he or she would not normally make.
- You were unfairly removed from the will.
- The will is a fraudulent document and was not created by the testator.
- The testator was a victim of elder abuse and the abuser forced him or her to change the will in the abuser’s favor.
- The testator revoked the will and did not have time to create a new document before he or she passed away.
Contact a Fayette County Will Contest Lawyer
Any person who has legal standing can file a will contest in Texas. You will need to prove to the court that the will is invalid in some way. You must also prove that, if the court proceeds with the document in its current state, you will experience harm.
In these situations, Marrs Ellis & Hodge LLP can help. Our Texas estate lawyers have represented hundreds of clients in high-stakes property litigation. Contact us today to schedule your free consultation and learn more about your legal options.