Ins And Outs Of Challenging a Will - Part 1

 

While it is possible to sue a will during the probate process, not everyone can sue to contest a will. According to basic probate laws, only "interested persons" may challenge a will, and only for valid legal reasons. The Probate Code identifies "interested persons" as heirs (family members), beneficiaries, creditors, and other parties who have a property right or claim against the estate being administered.

 

Examples of valid legal reasons to contest a will include:

 

• Incapacity of the deceased person when they wrote the will
• Fraud or someone exerting undue influence over the testator
• Insufficient or inappropriate witnesses
• Unclear provisions of the will
• The existence of a later valid will

 

This 2 part series of articles will focus on the ins and outs of challenging a will including:

 

• Legal Standing to Contest a Will
• Beneficiaries versus legal standing
• Heirs versus legal standing
• Minors versus legal standing
• Consequences of contesting a Will
• No-Contest Clauses in Wills

 

Part 1 addresses Legal Standing to Contest a Will, Beneficiaries versus legal standing and Heirs versus legal standing. Part 2 will address Minors versus legal standing, Consequences of contesting a Will and No-Contest Clauses in Wills.

 

Legal Standing to Contest a Will

 

While laws vary from state to state, all state laws have requirements that must be met before a will contest can take place. The first requirement that must be satisfied in order to contest a will is "legal standing."

 

The only persons who have legal standing to challenge a will and sue for inheritance are those who are:

 

• Named in the will
• Not a beneficiary but would inherit under the will if a judge deems the will invalid.

 

Beneficiaries versus legal standing

 

A beneficiary of a will is a person that has been specifically named in the will. Beneficiaries can include a surviving spouse, children, grandchildren, and other relatives, but can also include friends, faith communities, universities, charities, and even pets. Beneficiaries have the legal standing to challenge a will.

 

Heirs versus legal standing

 

Heirs are relatives who would inherit even if the decedent had died "intestate" (without a will). Heirs include spouses, children, parents, grandparents, and siblings. Heirs can challenge a will if they were omitted or were left with a disproportionate share in the inheritance. Heirs have the legal standing to challenge a will because they would have received a share of the estate through the laws of intestate.

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Call your Amarillo Probate Attorney today and Get Legal Help with Challenging a Will

 

If you feel you have legal standing and need to contest a will, you could have an uphill battle ahead of you. For this reason, you should consult an Amarillo probate attorney who can help. Many people have similar questions and go through the same line of questioning when deciding how to proceed with this type of decision. It can be and often is critical that you get legal help understanding the basics of contesting a will. The best way to get this understanding is to contact an experienced probate attorney near you. Stop and take a breath and call an Amarillo probate attorney who has had decades of experience.  Pick up the phone and call Amarillo Probate Attorney, Bill Cornett.  Bill is your choice as an experienced probate attorney in Amarillo and the Texas Panhandle.  Don’t waste another minute.  Call him today.

 

Your most important action may end up being the phone call that you make to your Amarillo probate lawyer.  In the Texas Panhandle that call should be to Amarillo attorney Bill Cornett.  Whether you need assistance with a will, probate, or administration of an estate or a contested probate, contact the Law Office of Bill Cornett. Be smart…remember these phone numbers (806) 374-9498 or (800) 658-6618.

 

Put Cornett Law Firm’s 47+ years of experience to work for you

 

Bill Cornett, Amarillo Attorney, with Cornett Law Firm, offers affordable, qualified services as an experienced personal injury lawyer and probate attorney. Bill also has experience in estate planning and agriculture law. Sit down with Bill at his office located at 612 S. Van Buren St. in Amarillo TX by calling (806) 374-9498 or (800) 658-6618 TODAY to schedule a free consultation.