It is hard enough dealing with the loss of a loved one. It is worse when you find out that you have been left out of their will because of fraudulent activity You do have options when this happens – you can challenge the validity in court.
Contesting a will on a no-win, no cost basis.
The Dallas will contest lawyers at Michael P. Fleming & Associates, P.C. challenge wills anywhere in Texas and handle such cases on a percentage (contingent) basis. Often, we are able to obtain a recovery for our clients with no out-of-pocket expense to them.
The Dallas will contest lawyers at Michael P. Fleming & Associates, P.C., review your case in a free consultation and work with you to develop a solid legal strategy that challenges the validity of the will. We help people challenge fraudulent wills in Dallas and throughout Texas. We will get to work on your case right away. Contact us now to discuss your case.
What is a Fraudulent Will?
A testator is the person who executes a will. The document must present their wishes for the distribution of their property after they die. Sometimes, the testator executes a new will (or changes an old one) as a result of fraud by somebody else. Many times, it is a person doing this has gained the trust of the testator and can be a family member, friend, medical provider, etc. If fraud has occurred, the testator’s will can be challenged and declared invalid.
The most common types of fraudulent wills result from:
- Fraudulent inducement – When someone lies about facts that a testator relies on when signing a new will or modifying an existing one. The lies must cause the testator to execute the document. As an example, someone may convince a testator that a certain alleged charity is legitimate causing the testator to leave money to the organization. The “charity” may in fact be a scam. This or any other material misrepresentation causing the execution of the will can be used the have it declared invalid.
- Fraud in the execution – If somebody deliberately misrepresents the contents of a will or the character of a document in order to convince the testator to sign it. For example, a person may lie about who is going to inherit under the will. For example, the wrongdoer could lie and tell the testator that the property all goes to their children when in reality it goes to to them..
Sadly, many people have Alzheimer’s disease and other forms of dementia as they age. Wrongdoers target these folks and try to get them to create, modify, revoke, execute or take other actions with their estate which they would not have done when they were well. If you have lost an inheritance because of this type of unlawful conduct, you should contact a Dallas probate lawyer to stop them.
Want to Challenge a Fraudulent Will in Dallas?
In deciding to challenge a will, these are important considerations::
- How much money is at stake? When we challenge a will, it can be a lengthy legal battle and we might expend a lot of money proving your case. Therefore, there need to be sufficient assets at stake to justify the expense and attorney fees involved to make it worthwhile for your time.
- Do you have standing? To challenge a will, you need to be a person who was financially harmed by the fake or fraudulent will or one who would inherit if the will is declared invalid and there is no will at all.
If you want to pursue a will contest, you should work with an experienced attorney at Michael P. Fleming & Associates, P.C. Texas law requires that generally, you must file a will contest petition within two years from the date of the will being admitted to probate. However, if you contest a will on the basis of fraud, you will have two years from the date of learning of the fraud.
How Can a Dallas Probate Lawyer Help You?
At Michael P. Fleming & Associates, P.C., we will conduct a comprehensive investigation of your fraudulent will claim in Dallas. We may include interview many witnesses and consult with experts who can help us to determine whether fraud occurred in the creation, modification or execution of the will. We can challenge the will in court an seek a judgment that the will was fraudulently induced and have a judge declare it invalid.
Many will contests are settled through mediation, including those which involve alleged fraud. We will work hard to reach a settlement that gets you the justice you deserve.
We take will contest cases on a “no-win, no fee” percentage basis. We will not charge any fees for our legal services unless we get a judgment or settlement in your favor.
Get Help from Our Dallas Will Contest Attorneys
The experienced and dedicated will contest attorneys at Michael P. Fleming & Associates, P.C., help families in Dallas and throughout Texas who believe they have suffered financial harm due to a loved one’s fraudulent will. To discuss how we can assist you, call or reach us online today. Our consultations are free and completely confidential.