Estate Planning & Probate Specialists

Estate Planning & Probate Specialists

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Evidence needed to contest a will

There are many things that people in Texas try to plan for in life. In many situations, having a plan makes things go smoother. One situation when making a plan is wise is when determining where a person’s possessions will go when they pass away. This is important to plan for and many people fail to do so.

People can control where their possessions go after they die through a will. However, the best laid plans sometimes go awry. This is true for wills as well. A person’s loved ones may have never seen their will until after their death, and distributions in the will may be much different than what the loved ones expected. In those situations, the loved ones may feel that the will presented to the probate court is not the true will or that the will should be invalidated for another reason.

The family may then enter into probate litigation to prove that the will is invalid and that a judge should distribute the assets differently. In order to prove one’s case, people need to present the proper evidence. Medical evidence may be used to show that the testator was not of sound mind at the time the will was written.

No matter how a person in Texas passes away, they cannot take their possessions with them. That is why a will is very important. However, some wills are created illegally or are invalid for other reasons. Probate litigation can be a complicated process and consulting with an experienced attorney could be beneficial.