In what situations might a will be contested?

Denton, TX Family Law Attorney David S. Bouschor, II talks about what situations a will might be contested in.

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Phone: (940) 323-1300


Often, unfortunately, when people are infirmed or aged or, in some cases, have just put themself in a position where they really trust somebody that maybe they shouldn’t, a last will and testament is created that does not really follow what that person would have wanted had they had testamentary capacity or had they not been influenced by this third party to, basically, give them all of their money. If the will is signed two days before the person dies in a hospital – and unfortunately I’ve had several of those cases – that will probably isn’t a good will. If the will is signed by somebody who’s got dementia, that probably isn’t a good will. If somebody has moved in and become a caretaker to somebody, and they have put themselves in a trusted position, and the person is trusting them to do everything for them on a day-to-day basis, which includes cleaning, feeding, buying groceries, things like that, that person may be in a mentally weakened state and they may be getting influenced by this individual to make testamentary gifts in a will that they wouldn’t have ordinarily done. There’s many, many reasons to look at a will closely and see if it’s actually a valid will. Every will has its own little twist.