The probate process can be a complex and emotional time for families, especially when the validity of a will is called into question. In Texas, the validity of a will can be challenged on several grounds, including fraud, undue influence, duress, and lack of capacity. In this article, we will examine a case study involving a British citizen who believes that her father’s will was fraudulent and that he was under undue influence when signing the document.
Facts & Procedural History
The client in this case is a British citizen and the only daughter of an American man who passed away in Texas. The will, which was admitted for probate in a Texas court, was typed and left everything to the client’s cousins, with nothing inherited for the client. The client believes that her father was under undue influence when he signed the will and that there was fraudulent activity involved.
Challenging a Will in Texas:
In Texas, the validity of a will can be challenged by filing a caveat with the court and providing evidence to support the allegations. The client in this case alleges that her father was under undue influence when he signed the will and that there was fraudulent activity involved. Texas law defines undue influence as excessive persuasion that overcomes the free will of the testator and causes them to make a disposition of their property that they would not have made otherwise.
The typed nature of the will, as opposed to a handwritten will, could raise concerns of fraud or undue influence. However, this alone is not enough to prove that the will is invalid. The client will need to provide evidence of the alleged fraud or undue influence, such as witnesses or other forms of documentation.
Hiring a Texas Probate Attorney:
Challenging a will in Texas requires a thorough understanding of the state’s probate laws and the ability to provide evidence to support the allegations of fraud or undue influence. In this case, the client has a strong basis for challenging the will, but she will need to retain a Texas probate attorney to assist her in the process. The attorney will be able to guide the client through the legal process and represent her interests in the Texas court.
Do you need help with a probate matter in San Antonio or the surrounding area? We are San Antonio probate attorneys. We help clients navigate the probate process. Call today for a free confidential consultation, (210) 239-8518.
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The content of this website is for informational purposes only and should not be construed as legal advice. The information presented may not apply to your situation and should not be acted upon without consulting a qualified probate attorney. We encourage you to seek the advice of a competent attorney with any legal questions you may have.