Dallas Lawyers Disputing Last Will And Testaments Due To Lack Of Capacity
A common reason for disputing a will is that the deceased was not “of sound mind” at the time the will was signed. If a challenger can prove that the testator lacked the capacity to understand what they were signing and the ramifications of the document, then a Court may determine that the will is invalid. The question of competency can be difficult to ascertain and to adequately demonstrate in Court. There are several circumstances which can invalidate a will on this basis, such as mental incompetence due to illness, disability, medications, etc. Whatever the reason for challenging capacity, it is important you have attorneys providing quality representation throughout the process. If you have a question about the validity of a loved one’s will, then contact our Dallas lawyers today to learn about your options.
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Aggressive attorneys assisting Texas residents who wish to challenge a will due to incompetence or other capacity issues
Under Texas law, a last will and testament will be considered valid only if the testator, the person making the will, meets certain requirements. For instance, the testator must be of legal age, have the intention of signing a document that sets forth a plan for the distribution of their estate, and do so voluntarily. Furthermore, the testator must have the capacity to understand that they are signing a will, or a modification to an existing will, and the effect which the document will have on their estate. This is also known as “testamentary capacity.” It is not difficult to imagine a situation in which, due to a person’s mental deterioration, illness, medication, etc., they may lack the capacity to create or change their will. For example, if a person is suffering from Alzheimer’s disease and dementia when they sign a will or a codicil, they may not have had the testamentary capacity to sign a valid document. If a will was signed under such circumstances, and you were wrongfully disinherited as a result, then you may challenge the will’s validity.
The first step in this process is to hire competent counsel. Doing so quickly will allow your attorney to gather and review the facts of your case, preserve important evidence, and initiate legal action with the appropriate Court. Your counsel must be knowledgeable about the various options you may have to file your case and will help determine which venue is most appropriate and advantageous. As in other legal proceedings, effectively challenging a will based on the lack of testamentary capacity requires the challenger to prove their case to the Judge or jury by presenting objective evidence. Information such as physician reports, expert witnesses, or video footage, for instance, may be used to demonstrate that the testator was incompetent to create or change their will at the time it was signed. All such evidence must be gathered, preserved, and presented in compliance with Texas’ rules of procedure and evidence. An experienced law firm will understand how to gain access to such information, comply with the applicable rules, and effectively present this information to the Judge or jury in your case.
The Dallas attorneys at The Johnson Firm assist Texas residents with challenging a will on the grounds of capacity. Once retained, our attorneys will conduct a thorough investigation of your case and initiate the necessary legal action as soon as possible. We will aggressively use the discovery process to acquire all evidence showing that the deceased was not competent. This evidence may include witnesses such as family, friends, caregivers, neighbors, or advisors. It will also likely include documents such as medical records, email correspondence, video records, or public records showing that your loved one was acting irrationally. If necessary, we will hire an expert to review the facts of the case so that he or she may render an opinion to the Court on the capacity or lack of capacity of your loved one. We will ensure that you are prepared for trial and will ensure that all avenues are pursued in the preparation of your case. We are ready to assist you. Contact us today.
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Our Dallas lawyers take a thorough approach when disputing a Texas will due to incompetence of the deceased
Our attorneys take a collaborative and team-based approach to handling matters which involve disputing a Texas will on the grounds of competence. This ensures that we are thorough in analyzing your case; by working as a team, there will be many different sets of eyes analyzing the past behaviors of the deceased and this offers different perspectives as to what facts may be relevant in your case. We make probate and wills our business so you can focus on the important issues in your life. Contact the Dallas lawyers at The Johnson firm today. Our attorneys also assist people in Plano, Frisco, McKinney, Denton, Fort Worth, Garland, Irving, Austin, Houston, San Antonio, Nacogdoches, Lufkin, and Center in challenging last wills and testaments due to a lack of capacity.