Katy Probate & Guardianship Litigation Lawyers

Common Legal Grounds for Contesting Wills and Estates

• Undue Influence: A will can be contested if it's believed the decedent was coerced or manipulated into making certain decisions that they wouldn’t have otherwise made. Undue influence may occur when someone, often a relative or caregiver, exerts pressure on the decedent to change their will or beneficiaries. Contesting a will on these grounds typically involves proving that the decedent was vulnerable and that the alleged influencer had an opportunity and motive to manipulate them.
• Lack of Mental Capacity: A person may challenge a will or guardianship if they believe the decedent did not have the mental capacity to understand the nature of their decisions. To be valid, the decedent must have been able to comprehend the extent of their property, the identity of the people they were benefitting, and the implications of their choices. If mental impairment due to age or illness is suspected, the will may be contested on the grounds of incapacity.
• Fraud or Forgery: If a will is suspected to be fraudulent or forged, it can be contested. This may involve allegations that the decedent was tricked into signing a will under false pretenses or that the signature on the will was forged.
• Improper Execution: For a will to be valid, it must be executed in accordance with legal formalities, such as having the correct number of witnesses or being notarized when required. Failure to follow these procedures can result in a contested will.

Guardianship Disputes and Family Dynamics

• Disagreements Among Family Members: Guardianship disputes often arise when family members disagree on the care and custody of a loved one, especially when they feel a guardian may not act in the best interests of the person under guardianship. Family dynamics can lead to legal battles over who should be appointed as the guardian, with each party believing they are best suited to provide care, potentially resulting in a contested guardianship.
• Guardianship of Minor Children: Guardianship cases involving minor children are particularly sensitive. Disputes can arise over who should be named as a child’s guardian if the parents are no longer able to care for them. Family members may argue over custody, and challenges may be made against the will or legal documents naming a guardian for a minor, particularly if there are concerns about the proposed guardian’s ability to provide a stable, loving environment.
• Alternative Guardianship Arrangements: There are alternatives to court-ordered guardianships, such as powers of attorney or advance directives, which can help bypass the need for a legal guardian in certain situations. These alternatives allow individuals to make decisions regarding healthcare, finances, and other matters without involving the court. However, if these arrangements are contested, they may lead to disputes over the legitimacy of the documents and the person’s ability to make such decisions.

Frequently Asked Questions (FAQ)

1. What is the probate process, and how long does it take?
The probate process involves validating a deceased person’s will, identifying their assets, paying any debts, and distributing the remaining estate to beneficiaries. The timeline for probate can vary depending on the complexity of the estate and whether there are any disputes. It can take anywhere from several months to a few years. In contested cases, litigation can significantly delay the process.

2. Can a will be contested after probate has started?
Yes, a will can be contested at any time during the probate process if there are valid grounds, such as undue influence, lack of mental capacity, or fraud. However, it is important to act quickly, as there are deadlines to contest a will, and waiting too long may bar the contest.

3. What are the responsibilities of a guardian?
A guardian is responsible for making important decisions for the person under guardianship, including managing their finances, healthcare, and general well-being. The guardian must act in the best interest of the individual and provide regular reports to the court about the person’s condition and financial situation.

4. How is a guardian appointed for an elderly person?
Guardianship for an elderly person is typically appointed by the court after a petition is filed by a family member, friend, or concerned party. A judge will assess whether the elderly person is unable to make decisions for themselves due to mental or physical incapacity. If guardianship is necessary, the court will appoint someone to act as guardian.

5. Can guardianship be reversed or modified?
Yes, guardianship can be modified or terminated if the person under guardianship regains their capacity or if there is a change in circumstances. If a family member or other interested party believes the guardian is not acting in the best interests of the individual, they can petition the court to review or modify the guardianship.

Navigating Probate & Guardianship Litigation in Katy, TX

Dealing with probate and guardianship litigation in Katy, Texas, can be stressful. These legal matters often involve disputes over wills, inheritances, or guardianship appointments, which can create emotional and financial strain within families. The Harris County Probate Court serves as an essential resource, offering a legal framework to address these conflicts, but the process can feel overwhelming for those unfamiliar with it.

In Katy, families often face challenges such as contested wills or disagreements about the distribution of assets and guardianship responsibilities. These disputes can lead to prolonged litigation that escalates tensions and drains resources.

Our team at Theander & Grimes, PLLC has extensive experience in probate and guardianship litigation. We provide compassionate and knowledgeable legal representation to defend your rights and guide you through these complex processes. By working with a seasoned probate and guardianship litigation attorney, you can confidently navigate the legal terrain. Let us help you find clarity and resolution during this difficult time.