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  • Making The Decision To Challenge A Will

    It isn’t always easy to make the decision to challenge a will . If you believe that a deceased relative’s will is invalid, then you should contact a probate attorney near Houston right away. Your probate attorney will determine if there are sufficient grounds to contest a will. One possible situation is when the decedent may have been coerced or deceived when the will was drafted. Or, perhaps you have reason to believe that the will was completely fabricated in its creation, or otherwise altered after it was completed.

    Wills are often drafted when the testator is in his or her senior years or after there has been a diagnosis of a terminal illness. If this is the case, then perhaps your will attorney can contest the document on the grounds that the testator was not mentally competent at the time that the will was drafted. Another possibility is that the will was not created under legally binding circumstances. For example, the document may not have been properly signed, witnessed, or notarized.

     Challenge A Will

  • Probate Bonds 101

    Many people involved with an estate go through the probate process without the need to secure a probate bond . If a family in The Woodlands does need a probate bond, then the probate lawyer can provide legal guidance in this area. A probate bond, also referred to as a fiduciary bond, and is simply a way to protect the estate from fraudulent or incompetent acts.

    Understanding Probate Bonds probate bonds

    When a probate bond is required, the executor of the estate must post the bond. The executor is the person responsible for identifying the beneficiaries, satisfying any claims against the estate, and distributing the estate in accordance with the decedent’s will. Unfortunately, it is not unheard of for executors to engage in fraudulent acts for their own gain or simply to manager or administer the estate in an incompetent fashion. Probate bonds therefore provide an added measure of protection for the estate and the beneficiaries.

    Recognizing When Probate Bonds Are Needed

    Probate bonds are not always necessary, but executors may be required to post them when the estate is affected by unsecured debts. By posting a fiduciary bond, the executor is ensuring that these unsecured debts will be satisfied from the assets of the estate. If the will has not designated a specific executor, then a probate bond may be required in order to protect the beneficiaries. In some cases, the will may specify that the executor is required to post a bond. In other cases, the court may require that the executor post a bond. This may occur in cases when the estate involves substantial assets. Lastly, a probate bond may be required if one or more of the heirs named in the will refuse to provide consent to waive the bond requirement.

    Identifying the Executor’s Fiduciary Duties

    The fiduciary duty of the executor is to the beneficiaries. Subject to the probate court’s supervision, the executor is responsible for keeping the assets of the estate completely separate from his or her own assets. The executor must keep careful, accurate records of all matters pertaining to the assets of the estate. Those records must be made available to the beneficiaries upon request. If the executor carries out his or her fiduciary duties competently and does not engage in fraudulent acts, then the amount of the probate bond will be returned to him or her when the estate is settled.

  • What Is an Heir Apparent?

    If a close family member has passed away, then it is in your best interests to consult a will attorney in The Woodlands. A will attorney can help you determine whether you may be an heir or an heir apparent. This designation is significant when the decedent has died without a will or living trust, or where the will may be proven to be invalid.

    To find out whether you’re an heir or an heir apparent, you may watch this video or consult your will attorney. Usually, a deceased individual’s surviving spouse and children are the heirs. An example of an heir apparent might be a living grandchild. The heir apparent might stand to inherit part or all of the estate, but this will only happen if there are no living heirs.

  • What Is Power of Attorney?

    Power of attorney is a designation that allows someone to make decisions for someone else—to act on their behalf. Generally speaking, when a person becomes incapacitated, he or she is no longer able to make legal and financial decisions on his or her own behalf. In such cases, a power of attorney can serve as a useful tool. It is possible for the court in Houston to appoint someone to make these decisions for the individual, but this is usually not the preferred situation as it is both cumbersome and costly. By designating power of attorney to a close family member or friend, the afflicted individual will have peace of mind knowing that, in the event of incapacitation, important decisions will be made by a trusted person.

    When someone is granted power of attorney, the designation may go into effect immediately or it may not go into effect until the grantor becomes incapacitated. Be careful, individuals who hold another’s power of attorney have a legal duty to act in good faith when managing the grantor’s financial assets and legal matters. It is possible for legal action to be taken if a person with power of attorney is alleged to have mismanaged the grantor’s affairs.

    Power of attorney

  • Probate Spotlight: Disputing an Inheritance

    The act of contesting a will in The Woodlands is often seen in an unfavorable light. Opinionated individuals may feel that contesting a will is disrespectful to the decedent, or is, perhaps, little more than an attempt to obtain more financial assets. In fact, estate law does allow legal grounds for challenging a will, with good reason. People who are elderly, in poor health, or otherwise vulnerable may be taken advantage of by non-family caregivers or other individuals. So when a will truly isn’t valid, then the rightful beneficiaries may not receive the inheritance that the decedent desired.

    Time Limits  Disputing an Inheritance

    If you suspect that your loved one’s will is invalid, it’s always in your best interests to consult an estate lawyer right away. There are certain time limits to contesting a will. If you know that you are an heir, the deadline is two years from the date that the will was admitted to probate. If you didn’t know that you are an heir, such as if you’ve only recently discovered your birth parents, you have four years to file a challenge from the date at which the estate was closed. Minors must file a challenge within two years from the date of their majority.

    Improper Execution

    One of the grounds for challenging the validity of a will is that the document was improperly executed. For example, if it is a holographic will, it might not have been written entirely in the decedent’s handwriting. If it is an attested will, it might not have been signed by the necessary witnesses, or that the witnesses were disqualified by law from acting as witnesses.

    Undue Influence

    Wills are intended to carry out the wishes of the decedent after his or her death, but sometimes they can be unduly influenced by other parties. Your attorney may argue that the will is invalid because another person used his or her influence to undermine or overpower the decedent at the time that he or she signed the will.

    Testamentary Incapacity

    In order for a will to be valid, the testator must be of sound mind at the time of the signing. Your attorney may use medical records and other types of evidence to argue that the decedent was mentally incapable of understanding the effect of the will, the extent of the property, and other aspects of will creation.

  • Creating a Will

    Some of the most important decisions you’ll make naturally are those which influence the creation of your will. When you consult an estate planning attorney in The Woodlands, you’ll receive sound legal guidance on what to include in your will , how to choose an executor of your will, and how to reduce the risk of a contested will. Of course, when the time comes, the attorney can also probate the will.

    When you watch this video, you’ll hear some factors you should consider when it’s time to create your will. This financial adviser recommends naming contingent beneficiaries in addition to primary beneficiaries, just in case the primary beneficiaries pass on before you. You should update your will whenever you experience substantial life changes.

  • How to Keep Your Will from Being Contested

    It’s often thought that following a death, an individual’s will is always executed according to his or her wishes. But in fact, some heirs in The Woodlands may challenge the will. A contested will can result in potentially irreversible damage to family relationships and if the will is found to be invalid, the decedent’s wishes may not be respected. To prevent a contentious will contest , you should seek the counsel of an experienced estate planning attorney.

    Hire an Attorney Keep Your Will from Being Contested

    One reason why a survivor of the decedent may challenge a will is because it was improperly drafted, or, perhaps, no one properly witnessed the decedent as he or she signed the will. By hiring an attorney to create your will for you, you can significantly reduce the risk that it will be declared invalid. Texas law recognizes two basic types of wills. Holographic wills are entirely handwritten by the individual. Holographic wills do not need to be signed by witnesses, although two witnesses will be required to prove the individual’s handwriting after the death. More commonly, residents of Texas create attested wills, which are typed written. You can make your attested will valid by signing it in the presence of at least two witnesses who are over the age of 14 and who have no interest in the estate.

    Including a No Contest Clause

    Although it can help, a “no contest” clause is not a foolproof way to prevent a will contest. You can instruct your attorney to include this clause in your will. This clause provides for the disinheritance of anyone who unsuccessfully challenges your will. Unfortunately, Texas courts are reluctant to enforce such clauses in certain instances where a will contest is filed in good faith.

    Explain Your Choices

    Wills may be contested when one or more beneficiaries become disgruntled with their share (or non-share) of the estate. In short, a will contest is often a way of attempting to obtain more of the money from the estate, or to obtain a particular prized family heirloom. If you feel that your decisions may be deemed controversial among your survivors, then you may decide to explain these choices within the text of the will or even by video at the time of the will signing. A less aggressive option might be to choose to discuss the matter directly with your beneficiaries so that they will understand your choices after your death.

  • How to Write a Living Will

    A living will is an important document that not only protects your estate but also ensures that your wishes are honored in the case of a medical emergency. To make sure that your living will is executed properly, it is necessary to get the assistance of a will attorney in The Woodlands .

    Watch this video to learn about the medical directives that can be included in a living will. These directives include your wishes for life support and resuscitation should you enter a vegetative state or suffer a severe injury. Because of the complexity of these issues and the need to be very specific about potential scenarios, having an experienced lawyer is crucial to protect your living will from challenges.

  • Understanding the Basics of a Trust

    Trusts are estate planning tools that are used to transfer property to someone to manage it on behalf of the property owner for a beneficiary. Trusts can be helpful in keeping all or part of an estate out of probate, saving beneficiaries a great deal of time and money. As with all parts of estate planning, it is crucial to work with a will lawyer in Houston when setting up a trust to make sure it is properly executed.

    When a trust is established, the beneficiaries and the trustee who will manage it must be identified. The trustee is obligated to manage the trust solely for the benefit of the beneficiaries. Failing to do so means that the trustee could be removed. Trusts can be used in conjunction with a will or instead of one, depending on your individual estate planning needs. Your will lawyer will consider many different factors, including the size of your estate and your designated beneficiaries, to help you decide how trusts can factor into your overall estate plan.

    Trust

  • Reasons to Contest a Will

    If you are concerned that a loved one’s will does not accurately reflect his or her final wishes, you can choose to challenge the will in court. The first step is to contact an attorney who can walk you through how to contest a will in Houston and help you determine if you have legal grounds for your challenge. There are several different reasons you can opt to contest a will, from concerns about your loved one’s mental state to worries about forgeries. Here is a look at some of the most common reasons why people decide to contest a will.

    Lack of Testamentary Capacity Contest a Will

    Testamentary capacity refers to the legal and mental ability to create or change a will. If a person does not have a testamentary capacity, then the will in question is not valid. If you are concerned that your loved one did not have testamentary capacity, you must show that he or she did not understand the value of the property in question, who the beneficiaries are, and what having a will actually means. There are many reasons why someone may not have testamentary capacity when a will is made, including mental illness and dementia. People who make wills while under the influence of drugs and alcohol also lack testamentary capacity in the eyes of the courts.

    Undue Influence

    Any time a vulnerable person is under undue pressure to make certain provisions in or changes to a will, he or she is said to be under undue influence, and the will may not be valid. Typically, this involves someone manipulating a vulnerable person to receive a larger portion of the estate. The influence or pressure can come in the form of physical or emotional abuse or coercion.

    Newer Will

    The latest version of a will is always the one that is considered to be binding. If your loved one made changes to his or her will, but the executor is trying to enforce an older version, you can file a challenge to ensure that the newest one is being honored.