The Most Common Estate Disputes And How To Resolve Them
The death of a loved one can bring about an extremely emotional period of time for a family, and could cause an individual to act in a way they may not under normal circumstances. When it comes to their loved one’s estate, they may become especially desperate if they are not slated to inherit the money or property they thought they should, or if they’ve been disinherited entirely. Disputes over a decedent’s estate and/or trust are very common and can get incredibly messy if they end up in court. To resolve estate and trust disputes, you will need the services of a highly experienced and knowledgeable probate attorney. In this blog, we’ll be going over the 2 most common types of disputes, as well as how they can be resolved.
Will Contests
Wills can only be contested by an “interested party,” or an individual who would stand to gain something of economic value if the results of the contest were to be in their favor. Wills may be contested if one of the following questions cannot be answered conclusively:
- Is the will legally valid?
- Does the will express the true intent and wishes of its creator?
- What is the correct interpretation of the terms in the will?
These questions can bring about a handful of allegations that may be grounds for contesting the will. Some of the allegations include:
The will was improperly executed. There is a certain protocol that must be followed when signing a will in the state of Texas to ensure its legality. These guidelines call for the will to be in writing, and signed by the person who is making the will, who must be 18 years of age or older and be of “sound mind.” In addition, the person making the will must have testamentary intent. The will must be attested to and signed by 2 individuals who witnessed the individual sign it while in their presence. If any of these steps are not followed, then the will is not legally valid, and therefore is vulnerable to a will contest.
The will was created by someone who did not have the capacity to do so. Capacity refers to knowledge and awareness. Therefore, if an individual does not know who is in their family, what assets they own, or how they want the assets distributed upon their death, then any will they sign will likely be found invalid. A person can lack capacity for any number of reasons such as illness (Alzheimers, dementia, etc.), a traumatic injury, powerful medications, and more.
Someone exerted influence over the creator of the will which led them to feel pressured or forced to write the will in a way they may not have under normal circumstances. Anyone such as a family member, friend, professional advisor, hired caregiver, or other service provider could be responsible for influencing the creator of the will. The influencer may have isolated the creator from communicating with others or only allowed them to keep contact with individuals of their choosing, or resorted to sweet talk, bribes, or other lies. In cases such as these, the will may be found invalid.
The will uses ambiguous or unclear language that could be interpreted in more than one way. In circumstances such as these, a court will work to determine the will creator’s intent. In Texas, this means reaching the same conclusions that an objective individual would when reading the will and reviewing the language in its entire context, rather than in isolation from the language used in the remainder of the will.
How Are Will Contests Resolved?
Will contests must be petitioned through a court and clearly outlined with the grounds for the contest. Next, a notice must be sent to interested parties (such as heirs, beneficiaries, and personal representatives) that the will is being contested. Extensive evidence must be gathered in order to prove the invalidity of the will and may require depositions, interrogations, document requests, and witness testimony. In some cases, the contest may be able to be resolved with mediation or through a settlement; if not, the case will proceed to a trial where a judge will make the ruling. It is crucial that a dynamic attorney who is well practiced in Texas probate and estate laws helps you navigate this difficult process, as only the most powerful and persuasive cases will be strong enough to result in a successful contest of the will.
Trust Contests
For all of the reasons detailed above, a trust can also be contested. Similarly to will contests, trust contests involve an interested party challenging the terms, validity or administration of a trust. Additionally, trusts may be contested if it appears that the trustee(s) violated their fiduciary duty, which obliges them to act in the best interests of the principal and beneficiaries. Most commonly, these violations consist of improper gifts, self-dealing acts, commingling, or losses created by their wrongful acts or omissions. In order for a trust contest to be successfully proven in court, the evidence must support that (1) the fiduciary relationship existed, (2) there was a breach of the fiduciary relationship, and (3) the breach caused financial damage that the court can rectify.
How Are Trust Contests Resolved?
Like will contests, trust contests must be formally petitioned and the grounds for doing so clearly outlined. A notice will be sent to interested parties and evidence will be gathered. If mediation or a settlement is not possible, the case will continue on to a trial where a judge will issue their ruling. A qualified probate attorney can guide you through each step and put you in the best position for a favorable outcome.
Contact Our Villegas Law Firm For Help Resolving Estate And Trust Disputes, No Matter Which Side Of Them You Find Yourself On
No matter if you are the individual aiming to contest a deceased loved one’s will or trust, or you are fighting against the contest, our attentive lead attorney, Jorge Villegas, can strategize a plan for your unique situation. He has over 15 years of legal experience and a record of successful cases for the Texans he has served. Call today to schedule your free consultation and learn more about how we can serve you!