When a will is read to the heirs of the estate, conflicts often arise. This can be due to the lack of due execution or the ambiguous language of the document. Sometimes the will is subject to undue influence or is a testament to an illegitimate relationship. A good way to avoid these problems is to seek professional legal assistance.
If you have doubts about a will or trust, you may want to contest it. However, proving that a will or trust is valid and free of undue influence can be difficult.
Undue influence is a legal doctrine that allows a court to invalidate a will or trust, based on threats or coercion. In order to prove undue influence in Texas, you will need to establish that the testator was harmed.
Undue influence is often a matter of inter-family allegations, but you can also bring a claim against an individual who manipulated the will-maker. This person could be a lawyer, a family member, a caretaker, or even a Power of Attorney agent.
A person can be guilty of undue influence in Texas if they overpower a testator, manipulate their behavior, or use threats or coercion to get a will to change. Typically, these forms of influence are subtle and secretive.
For example, an in-home care provider convinces an elderly father to move his coin collection out of his trust. The elderly father was getting 24-hour care from the provider, but he began to collect rare coins.
When contesting a will in Texas, it’s important to understand how the court will decide what is and what isn’t ambiguous. Often, ambiguities are not resolved without the help of a qualified probate attorney.
Generally, the definition of ambiguity is fairly clear. But, to determine what is ambiguous, the court will consider several factors. First, it will look at the words in the document. It will take into account the common usage of these words.
Second, the court will look at the context of the language. For example, if a will contains two provisions that make the same gift to two different beneficiaries, the court will try to determine whether the intent is the same.
The court will also consider extrinsic evidence. These include other portions of the will. In some cases, this can resolve ambiguities.
Another way to resolve ambiguity is by asking the drafter of the document what the ambiguous word means. If the creator of the ambiguous document is deceased, this can help the court to understand their intentions.
Lack of due execution
In order to contest a will in Texas, you must show the court that the document did not fulfill certain requirements. Some of these requirements include a testator’s mental capacity, a valid signature, and a proper execution.
If a will is invalid, it can affect the gift or transfer of property. Wills can be challenged in the probate court in Texas. The court will decide whether the beneficiary has a legitimate claim.
If you have questions about the validity of a will, talk to an attorney. They can help you gather evidence and advise you on the best course of action.
Most wills are drafted by a competent attorney. Using the advice of a professional can reduce the likelihood of errors. However, even with an experienced legal team, errors can still occur.
If you believe that your inheritance was distorted or taken for granted, you need to speak with a lawyer who has experience in evaluating such claims. It is possible to file a claim within two years of the decedent’s death.
Conflicts arise when a will is read to heirs
If your loved one has passed, it’s important to understand how to handle any conflicts that may arise. These can include disputes with family members or heirs. An attorney with experience in probate law can help you understand your rights and take the proper steps to avoid legal problems.
During an estate administration, the executor must act in the best interests of the estate. He or she is also charged with keeping beneficiaries informed. However, beneficiaries may get in the way of the process and demand information too often. When a conflict isn’t resolved, it can lead to confusion and potentially costly court battles.
If a will isn’t a true representation of your intentions, you may want to consider changing it. For example, if you intended to leave a portion of your property to your children, but now you’re deciding to leave all of it to your wife, you can change your will to reflect the new intentions.