If an executor has completely shut down communication and refuses to give an accounting of what they are doing or if you see them spending a lot more money than they have, there is a chance that they might be absconding with the funds. You only have two years to contest a will from the time that the will is admitted into probate. A breakdown in communication is the number one warning sign.
Who Is Able To Contest A Will Or An Estate In Texas?
An interested party is required in order to contest a will. That means you either have to be a beneficiary under the will or you have to be an heir at law, like a spouse or a child. No one else can contest a will.
How Can The Validity Of a Will Or Trust Be Determined?
Only a court of law has the authority to enforce a valid will and determine if the will is valid. If there is a will contest, sometimes a jury will have to determine the facts. Most of the time, however, you need a judge to sign off on an order that says the will is valid and admit it to probate. Anything else is not valid.
Do I Need An Attorney For Probate Or Trust Litigation?
You absolutely need an attorney for probate or trust litigation. This is one of the more complicated areas of litigation. I never hear of anyone representing themselves for that reason. I’ve never even heard of a case where a person who was not an attorney won a case in a probate or trust litigation scenario.
What Can An Estate Planning Attorney Do When There Are Objections?
When there are objections to a will, an attorney must start compiling evidence. It can be written evidence of the will or witnesses. Some people have video evidence. The best type of evidence is witnesses who witnessed the will, knew the testator, and can attest to the validity of the documents. It’s really challenging when people start objecting and disagreeing because we have to go back and piece together what was going on. It gets complicated really quickly.
For more information on Warning Signs Indicating Will Contest, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (512) 851-1248 today.