Dallas Lawyers Handling Disputes Over A Last Will & Testament
After the death of a loved one, grieving family members or friends may find themselves in the difficult position of disagreeing amongst themselves about the deceased’s final wishes. Very often, such disputes involve the person’s last will and testament. For a variety of reasons, potential beneficiaries may believe they have been treated unfairly or wrongfully disinherited. Fortunately, under certain circumstances, Texas law provides a way to challenge such an outcome. Disputing a will can be complicated. It is important, therefore, that you seek legal representation if you believe you have been wrongly or illegally cut out of a loved one’s estate. The Dallas lawyers at The Johnson Firm understand how difficult it can be to dispute a loved one’s last will and testament. Let our experienced attorneys review your case and help you understand your options. Call us today to schedule a consultation.
Common Challenges To A Will
Attorneys aggressively representing Texas citizens in matters where they have been cut out of a will
When a potential beneficiary learns that they have been cut out of a person’s will, it can come as a great shock and can be devastating. Under certain circumstances, an individual may challenge a will to ensure that the document was legally valid and represented the deceased’s final wishes. Texas law gives certain Courts the authority to invalidate an individual’s will for several reasons. Some of these reasons include:
- Challenging a will due to lack of capacity of the deceased at the time it was signed
- Disputing a will due to duress placed upon the person signing it
- Establishing that the deceased was under some other undue influence at the time the will was signed
- Disputing the will due to technical defects such as certain legal requirements not being met
Depending upon where you live within the State of Texas, a will challenge may be filed in one of several Courts. In some counties, for instance, a statutory Probate Court may hear the case. In others, a County Court or District Court may have jurisdiction over the matters. Depending on the county you live in, you may also have a choice of which type of Judge hears your case. It is critical, therefore, that you hire an attorney who understands the process in such matters so that your interests remain protected.
Another important choice in any will dispute, is whether to have a Judge hear your case or to seek a trial by jury. The United States Constitution guarantees a right to trial by jury to every party, which is also applicable in will challenge cases. In many probate-related cases, however, parties frequently opt for a bench trial rather than jury trial. This is often because many probate lawyers do not have experience with jury trials and are not comfortable with the process. In some cases, however, choosing a jury trial may be potentially advantageous. It is imperative to have solid legal counsel to assist you in making this decision. Doing so will help ensure that your interests are protected. A law firm, with attorneys who are experienced in handling jury trials, will understand how to effectively communicate complex legal issues to jurors on your behalf. The lawyers at The Johnson Firm are proud to be trial lawyers with significant experience in jury trials and will not shy away from the process when it is best for your case.
Our Dallas attorneys will aggressively protect your interests when it comes time to disputing a last will and testament. At your initial consultation we will analyze the facts of your case and determine what basis you may have for initiating a will dispute. Once retained, we will carefully evaluate the facts of your case and file suit in the appropriate Court to begin the process. We will use discovery (the process by which information is gained from the other side) to establish facts relating to the reasons the will is being disputed (capacity, duress, undue influence, etc.) We will stay in contact with you throughout the process and will be there to answer your questions. We will ensure that you are prepared for trial and will provide zealous representation. Do not risk your situation to a less experienced lawyer.
Contact Us Today
Experienced Dallas lawyers providing quality representation to those disputing a will
Our attorneys have the experience and knowledge to handle Texas will dispute cases. Price L. Johnson is both an experienced litigator and a CPA who puts his skills to full use. Our lawyers engage in a collaborative approach in every case so that no stone goes unturned in our efforts to protect your rights. We make probate our business so that you can focus on the more important business at hand – moving your life forward. Contact us online or by telephone today to schedule a consultation with a lawyer.
In addition to Dallas, Texas we serve clients in Plano, Frisco, McKinney, Denton, Fort Worth, Garland, Irving, Austin, Houston, San Antonio, Nacogdoches, Lufkin, and Center.