-- When an heir or beneficiary seeks to contest a will or trust of a recently-deceased loved one, there are a few grounds they can resort to, Probate and Estate Planning attorney Thomas Turner, founder of Probate Attorney Texas, PLLC in Houston, Texas disclosed this week.
For more information please visit https://probateattorney-texas.com/
In an interview this week, Thomas Turner clarified the potential arguments that a relative could utilize to challenge a will in court.
He explained that when a person dies, as part of a process called probate, their assets are distributed to heirs, trustees or beneficiaries as stipulated by their last Will or Trust. These wishes are outlined in written documents and the Will states to whom their assets should be allocated.
When a relative or beneficiary seeks to contest the Estate, Will or Trust, they should seek professional advice from a probate litigation attorney who can offer guidance and opinion on their claims.
“Simply seeking to take the matter to court because the beneficiary is disgruntled or they may not be getting more than they anticipated are usually not reasonable grounds to contest the matter,” informed the Founder of Probate Attorney Texas, PLLC in Houston, Texas.
However, litigants will stand a far better chance of contesting a Will if they have evidence to suggest the Will has been made under undue duress or influence, was written when the person had mental incapacity, was forged (yes, this happens), or there are mistakes or omissions in the Will.
Another ground for objection could be that the executor who administers the Will is in breach of their fiduciary obligations.
In addressing the undue duress/influence issue, Thomas Turner said: “If a person has suddenly changed the course of a Will or decided that a person not close to them should be a beneficiary, then this may raise questions of validity.”
“The evidence could be that a person in a position of power had undue influence over the decedent to gain the upper hand in the Will.”
He added: “Equally, beneficiaries may have spotted mistakes or matters that have been omitted. In these cases where questions are being raised, a need may arise to contest these issues in court, or at the very least seek guidance.”
Turner said a beneficiary might be suspicious that undue influence was also applied due to the person’s mental incapacity, causing the estate to be leveraged in someone else’s direction than would otherwise be the case.
Seeking to contest a Will’s validity purely on the person’s lack of mental capacity was one that needed to be taken carefully, as evidence would be required to demonstrate this was the case.
He said evidence of a lack of mental capacity would have to be backed up by the medical community, such as the person’s family doctor or physician. Witnesses such as family, neighbors, and others are always helpful, but the medical testimony will carry the most weight.
Beneficiaries may also challenge matters in court if they believe the Will’s executor (personal representative) is breaching their fiduciary duties. He said: “This may be due to them not acting in accordance with the Will’s instructions.”
Other examples are when the personal representative pays themselves first, transfers property to themselves or someone else when it’s supposed to go to a different person, doesn’t answer a beneficiary’s questions, doesn’t provide information to the court such as the Estate’s inventory within the first 90 days of their appointment, etc.
Turner added: “The assistance of a probate litigation attorney will be invaluable as they can assess the strengths and weaknesses of a case and advise potential claimants. Their guidance can often be the voice of reason in such an emotionally-charged matter.”
Source: http://RecommendedExperts.biz
Contact Info:
Name: Thomas C. Turner, Jr.
Email: Send Email
Organization: Probate Attorney Texas, PLLC
Address: 1302 Waugh Dr no 326, Houston, TX, USA
Phone: (346) 788-1661
Website: https://probateattorney-texas.com
Release ID: 89187918
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