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After a loved one passes away, you may find that they left a will. Although probate law generally respects final wishes as written in this form, it also provides recourse if the will is possibly illegitimate. If you’re concerned about its validity, here's what you should know. 

Why Wills Are Contested

There are a few common reasons to contest a will. If the testator — the person who made the will — wasn’t in their right mind when they drafted the document and decided how to distribute their assets, the will can be disputed. If an interloper persuaded, manipulated, extorted, or otherwise coerced the testator into dividing property a certain way, the will can be questioned. Failing to follow proper procedure in creating the will, such as not having witnesses present for its signing, can render it invalid. Wills that actively break the law, or that are faked or forged, can't be used.

How to Contest a Will

probate lawProbate law dictates that you must have a financial interest in the estate in order to contest the will. You can do so by filing a lawsuit. You have two weeks to file between when the court receives the will and when it initiates the probate process. After that, you have two years, though there are exceptions. Children of the deceased who weren't promptly informed that the will entered probate court have four years, for instance.

 

Whether you need help contesting a will or you want to draft an airtight last testament to avert conflicts, turn to the estate planning attorneys at The Law Offices of Charley Johnson in Leon County, TX. For over 35 years, they’ve helped clients protect their best interests and deftly navigate probate law. Call them at (903) 536-2185 to schedule a consultation or visit them online to learn more about their probate law services.

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