Experienced Will Attorneys in Amarillo

A valid will is the foundation and starting point of a comprehensive estate plan. You may realize that you should have a will without being sure how simple or complex it should be — or what it will cost to get an enforceable will created. An estate planning attorney’s appraisal of your overall situation and expectations can help you move forward with a plan for putting a will in place.

The good news is that the estate planning attorneys at Morgan Williamson LLP are diligent in assessing people’s priorities, family structures and financial portfolios without wasting time. Our goal in our estate law practice is to personalize our advice about wills.

To set up a consultation with an experienced estates and wills attorney at our firm, please call 806-705-7546 or send an email inquiry. We have offices in Amarillo, and our estate planning attorneys advise and represent clients throughout Texas.

What Your Will Should Likely Include

Assuming that a will is prepared and signed according to the laws of Texas, the will usually spells out:

• Who you designate as an executor or personal representative
• Where you want your assets, including money, real estate and more, to go when you die
• Whether the independent executor can serve without bond

If the will is incomplete, inconsistent or signed improperly, it can be more easily challenged in a will contest than if the will is otherwise done correctly.

Even if you expect to put most of your assets in trusts, you should have a pour-over will to account for anything that comes to your estate between when you die and when your estate is settled. Examples of incoming assets include:

• Income tax refunds
• Payouts of commissions, lottery proceeds or other assets that have inherent lag times
• Proceeds from lawsuits that you had filed and were resolved in your favor and paid after your death

If your will is part of a larger legacy plan, possibly affecting business succession and/or including one or more trusts, it is important to make sure there are no contradictions that would lead to a prolonged probate process or leave the estate’s integrity vulnerable through a will contest.

Contesting A Will in Texas

Putting together an estate plan is no easy task. It requires a review of all of the estate’s assets and debts as well as a discussion of which legal tools help to meet your needs. In many cases, families choose to use a will as part of their plan. Those who take the time to put together a will are wise to take steps to reduce the risk of a will contest, or challenge to the will. Knowing the basics about this process can help better ensure the will survives a legal challenge.

The following provides important information for both those who create a will and those who are looking to move forward with a challenge.

Who can contest a will in Texas?

In Texas, not everyone can contest a will. In most cases only interested parties, typically those who stand to benefit or lose from the will’s provisions, are eligible. These can include beneficiaries named in the will, heirs, and creditors in specific circumstances.

What are common grounds for contesting a will?

One of the most common reasons to contest a will involves concerns of a lack of testamentary capacity. The testator, or creator of the will, must understand the nature of the act, the effect of the will, the nature and extent of the property, and the claims of those who might be expected to benefit from the will. A failure to have this level of understanding can invalidate the will or any changes.

Additional reasons to challenge a will often include:

• Undue influence: This occurs when the testator is coerced to create or change the will in a manner that does not reflect their true intentions.
• Improper execution: Texas law requires specific formalities for a will’s execution. Failure to adhere to these can render a will invalid.
• Fraud or forgery: Contesting a will on these grounds involves proving that the will was fraudulently induced or forged.

These are just a few of the most common reasons to challenge a will. Those who believe a will is not valid may have a different reason to justify legal action.

How does someone contest a will?

The process of contesting a will in Texas involves several steps. The first is often to file a contest. Next, the law generally requires notification of the contest to all interested parties. During the will contest, both sides present evidence supporting their claims. After evaluating the evidence, the court decides on the validity of the will.

The probate court then determines the validity of the will. The court helps to better ensure that all legal standards and procedures are strictly followed throughout the contest process. It also aims to protect the rights of all parties involved, better ensuring that the testator’s intentions are honored and that beneficiaries receive their fair share according to the law.

Is the process to contest a will efficient?

A will contest can increase the amount of time it takes to distribute an estate and may decrease the estate’s value. Those looking to create a will that can withstand a challenge are wise to avoid the common grounds for a challenge noted above.

Another option for avoiding a will contest is to use a revocable trust instead of a will as the primary estate planning tool.  Trusts are generally more difficult to contest than wills. As such, using a trust instead of a will could reduce the likelihood of a contest after death.

In the event of a challenge, those looking to increase efficiency and minimize the impact of the challenge on the estate can start by gathering and organizing evidence. Collect all relevant documents, including medical records and witness statements that support the grounds for the contest. It is also wise to maintain open lines of communication with all parties involved to potentially resolve disputes outside of court.

The probate court’s finding is not the end. Those who disagree can file an appeal. It is important to note that there are time limits on this process. A recent case provides an example. In this case, an individual who was attempting to challenge a will wanted to appeal the trial court’s holding but filed for the appeal after the deadline. Upon review, the court of appeals dismissed the claim as untimely. This highlights the importance of legal guidance when navigating the will contest process. A failure to follow proper protocol can result in the dismissal of the claim. Following procedure and gathering necessary evidence can help to better ensure a successful challenge.

Let Our Lawyers Help You Get Your Will In Order

Don’t hesitate to get our experienced estate planning lawyers’ guidance when drafting your will. It may not need to be a complicated document, but it must be done correctly. We can review your situation and draft a will that makes your wishes clear and enforceable.

Call 806-705-7546 or complete our contact form to schedule a consultation at one of our two Amarillo law offices or a mutually convenient location.