Texas Will Contest Lawyer Handles Texas Will Contest Lawsuits and Contested Probate Lawsuits by Texas Will Contest Lawyer Jason S. Coomer
Texas Will Contest Lawyer Jason Coomer represents heirs, family members, and beneficiaries who have been fraudulently or wrongfully left out of a Will. He handles contested Wills throughout central Texas as well as works with other probate lawyers throughout Texas. For questions on a Will contest, preventing a Will contest, or fighting a Will Contest, please e-mail Texas Will Contest Attorney Jason S. Coomer or use our contact form to submit an inquiry regarding a Will Contest. Texas Will Contest Lawyer, Jason Coomer draft Wills and Trusts to protect the wishes and best interests of his clients, but also contests Wills or fights Will contests to protect right beneficiaries and heirs.
Below are some helpful FAQs regarding Texas Will Contest Lawsuits and Texas Contested Probate Lawsuits;Q1: What is a Texas Will Contest Lawsuit?A1: A Texas Will Contest Lawsuit is often filed when family members, beneficiaries, or heirs believe that a Will that has been or is being filed for probate was not valid. More specifically, the contestants believe that the Will was the product of fraud, forgery, undue influence, or made when their loved one did not have testamentary capacity. In these situations, family members, heirs, and beneficiaries file a will contest lawsuit to contest the validity of a Will and seek to prevent inheritance from being wrongfully taken.
Q2: What would a Texas Will Contest Lawyer need to begin a review of a potential case?A2: To begin a review of a case, a Texas Will Contest Lawyer would need to know 1) the name of the person who passed also known as the Will testator, 2) the county and state where the person resided on the date of their death, 3) the approximate amount of wealth in the deceased's estate and if the deceased owned any real property, 4) if and when the fraudulent or invalid Will was filed for probate, if so in what court, 5) if a copy of the fraudulent or invalid Will is available, 6) why the heirs, family, or beneficiaries believe the Will is fraudulent or invalid and what proof supports these claims, and 7) what relation the contestants are to the person who passed including if they are family or were a named beneficiary in another of the deceased's Wills or Trusts.
Q3: Can a Texas Will Contest Lawyer handle a contested probate case on a contingent contract?A3: Yes, a Texas Will Contest Lawyer can handle contested probate cases on contingent and hybrid contracts. However, many Texas probate lawyers will not offer contingent contracts and typically require large retainers and hourly billing to handle contested probate cases. However, in some circumstances, a Texas Will Contest Lawyer can offer a hybrid or contingent contract to rightful heirs and beneficiaries who want to file a Will contest. These circumstances usually require a large estate worth at least mid six figures and strong evidence that the heirs or beneficiaries will probably recover at least $100,000.00 from the estate, if successful.
Q4: When should a Texas Will Contest Lawsuit be filed?A4: A Texas Will Contest Lawsuit should be filed as soon as possible after a fraudulent or invalid Will is produced or filed to be probated, and if possible before the Will is admitted to probate. If this can't be done, the Texas Will Contest Lawsuit should be filed within two years of the Will being admitted to probate.
What Is a Will?
A Will is a written legal declaration of a person's intentions which he or she wants or wills to be performed after his or her death. The Will makes dispositions of property, sets up trusts, and establishes guardians upon a person's death. Under Texas law a Will must identify the Testator, be written with "testamentary intent", and be executed with requisite testamentary formalities. It also requires that the Testator have "testamentary capacity" including being of sound mind. Unfortunately, there are many Wills that do not comply with Texas law because of do it yourself Will drafting kits and people that create their own Wills that do not follow the formalities of a valid Will. Still other Wills are lost or stolen and have to be set aside. The first step in determining what to do with someone's estate is to determine if they have a Will and make sure that if you find the Will to put it in a safe location.
What is a Will Contest?
A Will Contest occurs when there is something wrong with a Will. In some instances the Testator did not have actual "testamentary capacity" or "testamentary intent" to draft a proper Will. In such a situation the Will is not valid and interested parties including a beneficiary or heir that was disinherited or lost inheritance through the invalid Will can contest the Will as being invalid.
What are Common Grounds for a Will Contests?
There are several reasons that a Will may be contested including 1) the Will was written under the influence from another person, 2) the Decedent was not of sound mind when the Will was written, 3) the Will is a forged or fraudulent document, 4) the Will is not up to date and leaves out children or does not take into account a divorce or remarriage, 5) the Will was not witnessed or signed correctly, and 6) the Will was improperly done and does not comply with Texas law.
When can a Will Be Contested?
The Texas Probate Code gives interested persons two years after a Will has been admitted to probate to institute a suit to contest a Will. There are two exceptions to this rule that can extend this statute of limitations beyond two years. These exceptions include 1) contests based upon forgery or fraud or 2) contests brought on behalf of an incapacitated person (such as a minor) who recovers capacity.
When Do I Need a Texas Executor Fraud Lawyer, Texas Administrator Fraud Lawyer, or Texas Estate Fraud Lawyer?
Under Texas law, an Executor of an estate has to take an oath to fulfill the wishes of the decedent's Will. Failure to properly comply with the Will and violating the oath of the executor can result in a breach of fiduciary duty lawsuit against the executor for negligently or fraudulently failing to comply with a decedent's wishes or Texas law.
Executors that commit fraud on an estate or negligently lose or destroy assets in an estate can be held responsible under Texas law for wrongful acts. If you are a beneficiary of a Will and an executor has negligently lost or intentionally stolen estate property, it is important to hire a Texas Estate Lawyer or Texas Fraudulent Executor Lawyer that can help the rightful beneficiaries seek compensation for theft of estate assets or negligence committed by an executor.
Administrators like Executors have a duty under Texas probate law to properly manage and distribute the assets of an estate. Administrators have to take an oath to fulfill Texas law in managing an estate. Failure to comply with Texas probate law and the mismanagement of an estate can result in a breach of fiduciary duty lawsuit against the administrator for failure to comply with the decedent's wishes.
Administrators that commit fraud or negligently lose or destroy assets in an estate can be held responsible under Texas law for wrongful acts. If you are an heir or beneficiary of a estate that has been mismanaged, it is important to hire a Texas Negligent or Fraudulent Administrator Lawyer that can help rightful heirs and beneficiaries seek compensation for theft or negligence by an administrator.
Texas Will Contest Lawyer
Texas Will Contest Lawyer, Jason Coomer handles handles contested Wills in Travis County, Williamson County, Bexar County, and Hays County as well as works with other Texas probate lawyers across Texas including Dallas County, Harris County, Fort Bend County, and Tarrant County works to draft Wills and Trusts to protect the wishes and best interests of his clients. He works with Houston Probate Lawyers, Dallas Probate Lawyers, and several other Texas Probate Lawyer. For questions on Texas Will Contests, please e-mail Austin Texas Will Contest Attorney Jason S. Coomer at TexasWillContestLawyer@texaslawyers.com or use our contact submission form
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