Texas Attorneys Disputing Last Wills & Testaments On The Basis Of Duress And Undue Influence
Losing a loved one can be difficult to endure under the best of circumstances. Learning that you have been disinherited in their will can be devastating. This is especially true when you suspect that the deceased created a new will or modified an existing will under duress or the undue influence of another. For a last will and testament to be valid in Texas, the testator must have entered such document voluntary and must not have been coerced or otherwise improperly influenced when doing so. Duress and undue influence can take many forms. Your loved one may have been physically threatened, harassed, or placed in another compromised position which caused them to sign a will they were unhappy with. Fortunately, Texas law allows you to challenge a will that was signed under duress or undue influence. Our Dallas attorneys can assist with this process. Call the Johnson Firm today to speak with one of our lawyers.
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Dallas lawyers aggressively litigating disputes over a will signed under duress or undue influence
A last will and testament can be challenged if the document was not executed in compliance with the requirements of Texas law. Among other things, our state requires the signer of a will to execute the document voluntarily, free from any coercion or other improper influence. If signed under duress or undue influence, a will may be invalidated. Demonstrating the presence of undue influence may involve a variety of factors. For instance, did the person leave a bequest that seems unnaturally generous to someone in a position of influence? Was a beneficiary a fiduciary or trusted advisor to the deceased? Were the expected beneficiaries entirely cut out of the estate? Was the testator in a compromised position or weakened mental capacity of any kind, making them susceptible to influence? Challenging a will on these grounds can be difficult and may involve direct and circumstantial evidence in various forms. Legal counsel with experience handling such matters can significantly impact the outcome of your case.
Disputing the validity of a will based upon undue influence begins by filing a lawsuit. The case will typically be assigned to a Texas probate Judge depending upon the county in which the case arises. Will disputes may be heard by a Judge or jury in some instances. In either case, it will be important that you acquire all available proof that coercion, threats, or harassment were used to get the deceased to sign the will. We will help with that process. Using discovery tools, such as interrogatories, subpoenas, depositions, etc., our firm will gather evidence such as emails, written correspondence, text messages, phone records, or witness testimony. Compiling this information will allow you to present the best possible case to the Judge or jury. Having a lawyer who is familiar with the process can make all the difference in whether the will is upheld or invalidated.
Our Dallas lawyers aggressively assist Texas residents who need to challenge a will due to duress or to defend such a claim. Price L. Johnson and his associates will use your initial consultation to obtain a background of the case and map out a strategy of how you should proceed. We will promptly file suit and use the aforementioned discovery methods to acquire the necessary evidence. We will hire an investigator, if needed, to interview witnesses and to collect affidavits that show that duress was an issue when the deceased signed the will. We will also hire experts to review and offer testimony regarding issues of competency, duress, and undue influence. We take these matters seriously and are ready to assist you. Call our office today to speak with an attorney.
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Aggressive legal representation for Dallas, Texas residents who wish to challenge a will signed due to harassment or threats
It is aggravating to know that your loved one was harassed or threatened into leaving you or others out of a will. People should not be intimidated into disinheriting someone and the Courts frown on such behavior. Our lawyers will aggressively protect your interests in such a matter. We are passionate about this area of law and we take a team-based approach to helping you solve this problem. Contact us online or by telephone today to schedule an initial consultation. In addition to Dallas, Texas we service Plano, Frisco, McKinney, Denton, Fort Worth, Garland, Irving, Austin, Houston, San Antonio, Nacogdoches, Lufkin, and Center.