WILL CONTEST LITIGATION

A Will Contest is a type of litigation that challenges the admission of a Will to probate. Issues that are likely to spur the contesting of a Will include:

the testator lacked mental capacity; i.e., was senile, delusional, or of unsound mind at the time the documents were created the testator was subjected to fraud, coercion or undue influence during its creation and implementation there are ambiguities in the document, or the Will is a forgery or does not conform to legal requirements as to the number and nature of the witnesses.

If the Will is thrown out, the court may disallow only the part of the Will that was challenged or throw out the entire Will of the decedent, distributing the property as if the person died without a Will, or use the last previous Will, depending on state law and the specific facts and circumstances.

ESTATE CHALLENGE

TEXAS TRUSTS

Trusts are estate-planning tools that can replace or supplement Wills, as well as help manage property during life. A trust manages the distribution of a person's property by transferring its benefits and obligations to different people. By maintaining assets in a Trust, it is often easier to minimize taxes and leave a larger inheritance. A Trust is also a way to provide a steady income to the Beneficiary over the course of time, rather than distribution in a lump sum. This strategy can reduce the Beneficiary's tax and allow the Trust to grow through investment, and keep assets free from creditors of the Trust beneficiary. Trusts can also be established for the benefit of charitable organizations.

PROBATE WHEN THERE IS NO WILL

If you need help with a loved one's estate when there was no will, we can help.

Without a will:

- Your spouse or children or other family members may share in your estate in ways undesirable to you.

- Your children will share equally regardless of needs

- Orphaned Minors will have a guardian appointed by the court that you could have chosen yourself through a will.

- Friends, charities, etc., ……….get nothing.

To be sure your will is valid you can consult with me because there are:

- Specific requirements of language and execution for a will to be valid
Taxation minimizing issues.

- Property transfer laws: problems can be avoided with professional help.

WHAT IS YOUR 'ESTATE'?

Real Estate (your home, land, etc.)
Investments (cash, mutual funds, stocks, bonds, CDs, etc.)
Business Ownership Interests
Personal Property (jewelry, art, antiques, etc.,)
Life Insurance
Employee Benefits (pension plans, etc.)

EXECUTOR / EXECUTRIX

You can choose who you want to manage the disbursement of your estate which includes your Spouse, Relative, Friend, Partner, Professional, and also Coexecutors are possibleThe executor takes control of all your assets, pays your bills that are owed and pays your owed taxes, collects money owed to the estate, distributes your property. He or she should be someone you trust who is willing and can perform all these services.

TAXES

To minimize estate and/or inheritance taxes, plan ahead. Discuss various ways of distributing your estate to reduce taxes. For example:
Giving Gifts over a period of years.

Setting up Trusts for children, elderly parents, etc

OTHER ISSUES:

Ownership: is your property jointly owned or owned by you alone?
Should ownership form be changed?

Minor Children: your will should name a GUARDIAN to take care of children if they're orphaned.

You should provide for a financial plan for orphaned children
Trustee: If you set up a trust, you'll have to choose someone to manage it (for example, your spouse, a friend, a bank trust officer or a lawyer).

Funeral Arrangements

A Will Must be....

Signed by you, the testator.
Witnessed by 2 or 3 people requirement in most states. You need not disclose contents of the will to them.