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Estate litigation almost always features conflicts over the capacity of the person who passed away and whether what the will says was their desires or was really somebody else’s desires, potentially involving coercion of the testator or the person who had the will to sign off. These are the most common disputes, often leading to various other legal conflicts among family members, but those are the legal ones.
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The Woodlands, TX estates & probate attorney Steven C. Earl discusses the potential legal issues and challenges that may arise during estate litigation. He explains that estate litigation frequently involves disputes regarding the capacity of the decedent and whether the provisions of a will truly reflect their intentions or those of another party. Such cases may raise concerns about potential coercion of the testator or undue influence over the person executing the will. These capacity and intent issues are the most common grounds for contesting a will and often give rise to additional legal conflicts among family members.
