Estate disputes can be emotionally taxing, financially draining, and legally complex. A recent case involving a forged will reported by KATU2 highlights the importance of properly executed estate planning and the role of experienced litigation attorneys in protecting the rights of heirs and beneficiaries. At Campbell Law Firm, our Tyler litigation attorney is here to guide you through will contests and other estate disputes, ensuring justice and safeguarding your legacy.
A will contest is a legal challenge to the validity of a will. Heirs or beneficiaries may file a will contest in probate court if they believe the will does not reflect the deceased's true intentions. After Kristy Gerlett's mother died suddenly in Kristy’s Ohio apartment, she was even more shocked to find that few months later, an invalid will was filed and accepted by an Oregon county probate court that expressly disinherited Kristy.
For Kristy Gerlett, she was very close to her mother, Cathy, and knew that Cathy would never have disinherited her. So Kristy worked with a probate attorney to file to contest the will. It took nearly five months for a judge to throw out the invalid will after it went into effect. Read more in our article, The Costly Impact of Estate Disputes and How to Avoid Them
It’s not uncommon for disgruntled or distant family members or others to dispute the validity of the will or an estate plan, especially for wealthier or prominent families like the Hiltons. Common reasons in Tyler to challenge a will include five factors.
If a potential beneficiary can prove the person making the will (the testator) was influenced by another person to make decisions they would not have otherwise made, a will challenge could be brought to court. Undue influence means the testator’s decision was significantly affected by a person who stood to gain something by the outcome of the will and made a concerted effort to change the testator’s mind. Even if there was no evidence of fraud, any suspicion of the testator’s being influenced is enough for a court to accept a case. If you think someone unduly influenced a loved one, especially if they suffer from any mental frailties or dementia, you may have cause to bring a case.
If there have been many erasures or signature styles appear different from one document to another, there may have been fraud. A Tyler litigation lawyer should examine documents to evaluate whether there is enough cause for suspicion to challenge the will.
The testator is required to sign the will with witnesses present. In some states, only one witness is required. In most states, two witnesses must be present to sign the will in front of the testator. A beneficiary may not be a witness to the signing of the will. If the rules have not been followed, the will may be invalid.
Though seemingly farfetched, mistaken identity is a common occurrence, especially when someone has a common name or more than one person in the family has the same name, and the document has not been properly signed or witnessed. This could create confusion and make the document vulnerable to a challenge. An experienced Tyler litigation lawyer will know how to prepare documents to withstand any challenges.
This means someone is able to understand the concept of a will and contents of the document they are signing, along with the identities of the people to whom they are leaving their assets. The person doesn’t need to have perfect mental health, so people with mild cognitive impairments, such as depression or anxiety, may make and sign a will. A medical opinion may be needed, if there might be any doubt as to whether a person had testamentary capacity when the will is signed.
A litigation lawyer plays a crucial role in resolving disputes involving wills. They can represent the fiduciary of the estate, such as a trustee or executor, to defend the validity of the will. Alternatively, they may advocate for a beneficiary named in the will, an omitted heir who would inherit under intestacy laws, or a guardian managing the affairs of an incapacitated person.
Litigation lawyers handle challenges to wills based on issues like vague wording, suspicious circumstances during the will's creation, or property and tax disputes. They can also assist clients in proving misconduct by a fiduciary, such as failing to uphold the deceased’s wishes or engaging in fraudulent behavior. Through diligent investigation and skilled advocacy, a Tyler litigation lawyer works to protect their client’s interests in probate court.
An invalid will can lead to:
For over 35 years, Campbell Law Firm has been a trusted ally for families in Tyler, TX, and surrounding areas. Our Tyler litigation lawyer is dedicated to protecting your rights in estate disputes. Book a consultation with our office if you are struggling with an estate dispute.
