Many of our cases involve overturning invalid wills. Intuitively, most folks understand that an invalid will can be overturned in court. Sometimes, however, after a loved one dies, the heirs or beneficiaries discover that the deceased person’s assets were distributed before death under suspicious circumstances. In those circumstances, it doesn’t matter whether the deceased person’s will is valid or what it says, because bad actors have circumvented the probate process by distributing property via nonprobate transfers. The good news, however, is that nonprobate transfers can also be challenged in court.
This series will examine Texas nonprobate transfers and the ways to contest them. Challenges to nonprobate transfers share some of the same legal techniques as will contests, but they have their own nuances as well. Specifically, this blog series will cover the following topics:
- Overview—Contesting Nonprobate Asset Transfers in Texas
- Texas Allows Different Types of Nonprobate Transfers
- Texas Nonprobate Transfers Are Invalid if the Deceased Person Lacked Mental Capacity or Was Unduly Influenced
- Texas Creditors May Have Rights If the Deceased Person Avoided Paying a Debt by Making Nonprobate Transfers
- The Legal Procedure for Challenging Nonprobate Transfers in Texas
- Series Recap—Contesting Nonprobate Asset Transfers in Texas
In our next post, we discuss the different types of nonprobate transfers available to Texas residents. These transfers are becoming quite popular, and Texas law continues to create new ways to transfer your property before death. After that, we’ll cover two of the primary reasons why a nonprobate transfer may be invalid—lack of mental capacity and undue influence. Next up, we’ll talk about nonprobate transfers that are designed to avoid the deceased person’s creditors. Moving on, we’ll address the first step toward challenging a nonprobate transfer—making sure you have legal standing to make a claim. Then we’ll talk about legal procedures in nonprobate transfer challenges. The series will conclude with a recap of important points.
Our Dallas probate attorneys challenge nonprobate asset transfers in the DFW area and across Texas. Our offices also serve Plano, Frisco, McKinney, Denton, Fort Worth, Garland, Irving, Austin, Houston, San Antonio, Nacogdoches, Lufkin, and Center. Our team of capable trust lawyers regularly helps estate heirs and beneficiaries assess whether an improper nonprobate transfer was made and represent clients challenging those transfers in court. Please contact us today if you have any questions about nonprobate asset transfers.