When a loved one has passed away, their estate is administered and distributed according to the provisions of their valid will. If the decedent did not leave a will, the State of Texas has specific guidelines to determine how the estate will be distributed. Sometimes, whether a will exists or the estate will pass through descent and distribution, you may question the validity of the will or the claim of a potential heir. In that circumstance, you can hire an experienced attorney to enforce your legal rights or those of multiple family members through probate litigation. Munsch Hardt is prepared to work diligently on your case.
Probate litigation can involve contesting a will, trust or probate proceeding. There are many different grounds for these types of legal actions, which include:
- Forgery – If you suspect that the will is a product of forgery, we can help you prove that it is invalid and that a previous or superseding will should be used instead.
- Invalid Will – Wills that are not drafted correctly, are unclear, or do not satisfy the basic requirements of a valid will, can be contested with the assistance of an experienced attorney.
- Asset Categorization – Certain assets may not be categorized correctly or may not be included in the final will or trust. A legal professional can help you with these disputes.
- Lack of Capacity – When an individual is unable to comprehend the changes that they are making to their will and how it will affect their estate, it can be contested.
- Undue Influence – When someone overcomes someone’s natural desires and wishes and causes them to dispose of their estate other than the originally intended.
- Fiduciary Negligence – If you believe that a will unduly benefits a person in a fiduciary position, then an attorney with probate litigation experience can help you contest it. The competency and intentions of the executor, trustee or administrator can be brought into question.
- Determining Heirship – A probate litigation attorney can help you determine if you have the right to institute proceedings to declare your heirship and enforce your legal rights.
Advantages of Professional Legal Help
At Munsch Hardt, you will be working with lawyers that have an intimate knowledge of the Texas Probate Code and can help you and your family through the process of contesting probate proceedings. It is important that you use the right legal professional, as the process requires detailed research, the right documentation and skilled litigators.
Probate litigation allows you to uphold the wishes of your loved one. When you use an experienced attorney from Munsch Hardt, you will gain access to a lawyer that is willing to fight for your legal rights.