Are you suspicious that you were wrongfully left out of a will or excluded from an inheritance? If so, you have a right to contest the will and stop the distribution of assets until a court has decided if you should inherit. It is quite common for an elderly or sick person to be unlawfully persuaded to change a will or execute an new will excluding proper heirs. If you believe you were cheated out of an inheritance – whether from family or friend, our Dallas will contest lawyers can help.
You can contest a will completely or just certain provisions. Those in Dallas who wish to challenge a will should speak to a will contest lawyer at Michael P. Fleming & Associates, P.C. We can bring decades of experience to your case and a commitment to providing the highly personalized legal representation that you deserve. To learn more about how we can help you, call or reach us online today and receive a free and confidential consultation.
What does a Will Contest Lawyer do?
A will contest lawyer helps people challenge a will on certain grounds. Some of the more common reasons to challenge a will or a provision of a will include:
- Undue influence – If somebody coerces a person to change their will or write a new one that they would not have done otherwise, it is possible to claim that the deceased was the victim of undue influence which should void the will. The person exerting the influence may have been a child, friend, lawyer, employee, maid or even a nurse.
- Lack of capacity – You need to be of sound mind to execute a will. To execute the will, the testator needs to fully understand the nature of his or her assets and who they to leave property to upon death. If a person lacks the capacity to exercise reasonable judgment about these matters, then the will might be contested after death.
- Not in accordance with law – Texas law requires that certain things be done in order when the will is executed such as proper witnesses executing the will in the proper order with the testator. If not done properly, the will might be declared invalid..
- Fraud – Believe it or not, there are instances where people are tricked into signing a will the did not intend. This can be through trickery with the will itself or by lying about the contents of the will. If this happens, it is considered fraud and the will can be declared invalid..
Should You Consult a Dallas Will Contest Lawyer?
In Texas, there is a statute of limitations on challenging a will. The time limit can depend on the specifics of each case.
The deceased’s next of kin or executor has four years to submit a will for probate. Only the named beneficiaries in a will must be notified that the will has been filed in the probate court. Therefore if you are not mentioned in the will, you may not even know that the filing has taken place..
If a will is contested after probate has opened, the person who is challenging the will have two years to initiate an action. However, some exceptions exist. For instance, if a person contests a will on the grounds of fraud or forgery, that person will have two years from the date of learning of the fraud to contest a will.
Because time limits can stop you from pursuing a will contest, you should contact a lawyer as soon as possible if you have any concerns that you were cheated out of an inheritance.
Call Our Dallas Will Contest Attorneys Today
If you have lost someone and believe your loved one’s will to be invalid, contact our Dallas will contest lawyers at Michael P. Fleming & Associates, P.C., today. We will fight to make it right. Contact us today to schedule a free consultation and learn more about how we can help you.