Legal Question in Wills and Trusts in Texas
How can a Will be broken or contested in Texas?
My father passed recently and left some real property. The will he had was changed by my sister and an attorney she hired to exclude me and my other brothers and sisters. She and her boy friend now are set to inherit everything. What can we do the see that we each get a share of what is rightfully ours?
Thanks,
P. James Drake
4 Answers from Attorneys
Re: How can a Will be broken or contested in Texas?
You need to consult with a lawyer in the county where your father resided at his death. If an attorney prepared the will, and it seems from your message that this was the case, you might have a difficult time in contesting the will. If your father was not mentally competent, then you might have something to address, but it is not inexpensive to contest a will.
I am between Fort Worth and Dallas and address matters in Dallas, Denton, Tarrant and Wise Counties.
http:/www.reasonable-doubt.com
Re: How can a Will be broken or contested in Texas?
There has to be something wrong with the will. Either not properly executed, or the testator lacked capacity to make the will, or he was forced to execute the document and the signing was not of his own free will. Mere speculation will not suffice, so a will contest usually gets quite expensive.
Re: How can a Will be broken or contested in Texas?
Hi Mr. Drake,
You would contest the will in Texas..though a few things I would like to know to determine whether a will contest would be successful are:
1. how old was your dad when he passed away
2. was he incapacitated in any way
3. was your sister around a lot before he died
4. in what circumstances was the will made
Your answer to these questions would determine the success of the will contest.
Regards and Good Luck
Pallavi Ahluwalia
Re: How can a Will be broken or contested in Texas?
you were a little ambiguous as to the nature or the circumstances of the will "being changed" by your sister and attorney. was the change done fraudulently after your father's passing, or did you sister possibly exercise undue influence over your father to have him change the will before his passing? who exactly changed the will and how was it changed precisely? if you can email me back the answers to these questions, i will be able to assist and/or represent you legally in this unfortunate matter and hopefully help you get your fair share of your father's inheritance. talk soon.