If you believe you have a right to a share of the estate of someone who has passed away, you may be able to file a claim to receive the assets you were meant to have.

Few things compare to the loss of someone you loved or had a close relationship with. Grief is indescribable emotion, and the death of someone close to you can leave you grappling with the emotional pain of their loss for a long time. In the midst of your grief, you may have discovered that your deceased loved one’s estate did not include a bequest to you that you thought was coming your way. If you believe you have a right to their estate, you’ll need to take the necessary action to make sure that you receive whatever property you’re entitled to.

The estate litigation attorneys of Staubus, Blankenship, Legere and Walker PLLC have decades of experience navigating Texas’s complicated estate laws and using their extensive legal skills to litigate estate matters. We’ve represented our clients on both sides of the estate planning and litigation coin, helping them protect their estates and ensure that their rights aren’t infringed upon as beneficiaries to estates.

To schedule a consultation with our Dallas estate litigation attorneys, call (214) 833-0100 today or contact us online.

What Is a Will Distribution Claim?

After the death of a loved one, you may be a beneficiary of their estate. If you weren’t left the assets you expected, you may file a claim with the court. If you were left out of the will altogether and believe that you should have been left some of the deceased’s estate, you can also file a claim. In most cases, the estate of any person who dies intestate, meaning without a will, or dies with a will has to go through the probate process. It is during the probate process that you can file a claim with the court requesting that property contained in the estate of the decedent be distributed to you.

What Is the Process for Filing a Will Distribution Claim?

Following the decedent’s death, their will needs to be probated in court. In Texas, the executor has four years from the date of the decedent’s death to file to admit the will to probate court. An executor is a person designated to manage and administer the estate. Often, decedents name the person who they wish to manage and distribute their estate in their will. If there is no executor named in the will, the probate court will appoint someone. If the executor doesn’t file to admit the will to probate within four years, the court will take on the duties of distributing the decedent’s property just as it would if a will did not exist.

After filing to probate the will and being appointed to administer the estate, the executor is legally mandated to notify any beneficiaries named in the will that the decedent has died. Executors must notify beneficiaries of the estate within 60 days after being appointed. The executor also must notify all the decedent’s creditors within 90 days after the petition to probate the will is filed. They also must notify the public of the decedent’s death, which is typically done by the court when the petition is filed to admit the will to probate. This gives the estate’s beneficiaries and those who believe they have a right to the estate an opportunity to participate in the probate process.

If you’re notified that you’re a named beneficiary to an estate, you’ll be provided with a copy of the petition to admit the will to probate and a copy of the will. If you believe you should be given assets that were not assigned to you in the will, you will need to respond by filing a will distribution claim. If you haven’t been formally notified of the petition to probate a will for an estate in which you believe you have interests, you can file a beneficiary claim.

There is a two-week waiting period between the time the executor files a petition to probate the will and a scheduled probate hearing. Contact us if you have further questions. We have the experience you need.

Frequently Asked Questions

The probate process isn’t a regular part of most people’s lives. Probating a will after a loved one’s death can be a lengthy process if the decedent’s estate is large and if disputes arise between beneficiaries. Even a simple probate process can be challenging to understand because of the complexity of probate and estate law.

When you hire the Dallas estate litigation attorneys of Staubus, Blankenship, Legere and Walker PLLC, we’ll walk you through this entire process while advocating for your best interests. We’ll keep you abreast of what’s going on with your case and answer any questions you might have until your estate matter is resolved. For now, we’ve answered several questions that you might have.

How long do I have to file a claim?

You have six months from when you’re notified of the death of the decedent or from the date the decedent’s will has been admitted to probate to file a claim against their estate.

Am I eligible to file a claim?

You should speak with our estate litigation attorneys to help determine whether or not you can make a valid claim against the decedent’s estate.

What if I haven’t been notified that I’m a beneficiary to the estate, but I believe I should be? Can I still file a claim?

If you believe that you have a right to be a beneficiary of an estate, you could file a claim disputing the will. This is known as a kinship dispute. You’ll need to prove the relationship between you and the decedent and will have to argue your interests in the estate, which can be difficult to do without the help of a skilled estate litigation attorney.

Hire the Estate Litigation Attorneys at Staubus, Blankenship, Legere and Walker PLLC

Have you been notified that you are a named beneficiary in your deceased loved one’s will but weren’t bequeathed what you expected? Or do you believe that you should be a beneficiary of their estate but weren’t? You may be able to file a claim so that the property designated to you or that you have a right to is distributed to you. Contact the Dallas estate litigation attorneys of Staubus, Blankenship, Legere and Walker PLLC at (214) 833-0100 to discuss your claim.

Do you have an interest in the estate of someone who recently passed away? Do you question the validity of the deceased person’s will because they revoked a prior will?

The Dallas estate litigation lawyers from Staubus, Blankenship, Legere and Walker PLLC can help you file a lawsuit to contest the revocation of the prior will. Our team has a century of combined legal experience representing people in estate matters. Whether it’s planning for the handling of your estate or resolving estate disputes, Staubus, Blankenship, Legere and Walker PLLC can provide you with the legal representation you need.

To set up a consultation with a lawyer, contact us at (214) 833-0100 now.

Revocation of a Will

When a person creates their will, they designate who they wish to inherit their property and assets. Everything they own is part of their estate. The testator, the person who is creating the will, sets forth their wishes. Those wishes will be obeyed only if the will is valid. If the testator creates a new will that revokes the old one or destroys their prior will, then the old will is no longer valid.

There are several reasons a testator might want to invalidate or revoke a will. Perhaps they’ve made changes to their assets or property that no longer align with what was included in the previous will, or they want to change how their estate is distributed and to whom.

To revoke their will, the testator can write a new will that explicitly states that the new will is a revocation of the previous will and follow all of the necessary steps to validate it (adding their signature to the will and obtaining the signatures of two witnesses). The testator can also destroy their will. A torn or burned will, for example, would be a revoked will.

If you believe your rights to the estate of the deceased person have been voided as a result of the revocation of the will, and that the revocation was made in error, you can contest it. You’ll have to prepare for a potentially challenging process, however.

Can I Contest the Revocation of a Will?

Certain people with interests in the will or the estate of the deceased person can contest the revocation of a will. The deceased person’s spouse can contest the revocation of the will. Additionally, any person who has a right to the estate of the deceased person under California’s intestate succession laws can contest the deceased’s will. Any company, entity, or person who owns debts that may be contained in the deceased person’s estate can also contest the will.

How Much Time Do I Have to Contest a Revoked Will?

There are statutes of limitations in each state that dictate when a legal process or action can take place. In Texas, the statute of limitations for contesting a will allows two years from the date the will was validated and approved by the court to contest the will. If you were legally incapacitated at the time of the testator’s passing and are no longer, if you are eligible to contest the will, you have two years from the date that you became mentally and legally fit to do so.

The Probate Process and Contesting a Will

A will has to be probated in Texas within four years from the date the testator died. Someone must petition to have the will entered into probate. Beneficiaries named in the will are notified that the petition has been filed. A probate hearing will be scheduled to determine whether the will is valid and to appoint an executor. Beneficiaries or other heirs to the estate can object to the appointment of the executor.

You can contest the will after you hear of the death, after you receive notice of the petition, or after “letters testamentary” are issued to the personal representative. You will have to have legal standing to contest the will, meaning that you have to have an interest in the estate of the deceased person, and you have to have a valid reason for contesting the will (such as the revocation of a will).

If the court has already authenticated the will and the will has been probated, you can still file a lawsuit contesting the will, but it may be much more difficult to be successful in challenging the will. You will have the burden of proving that the will is not actually valid, despite the court’s findings.

If you are successful in your lawsuit contesting the will, then the court will invalidate the will. The testator’s estate in which you have an interest will be probated. The court will determine how the estate will be distributed and to whom based on Texas’ intestate succession laws.

Why You Need an Estate Litigation Attorney at Staubus, Blankenship, Legere and Walker PLLC

You can file a lawsuit to contest a will on your own. But you may be faced with an overwhelming task.

Even if you filed your lawsuit before the will was admitted to probate, you’d have to provide evidence to support your claim that the will is invalid based upon a faulty revocation. An estate litigation attorney can help you gather the necessary evidence and present a strong case to the court.

During this process, there can be delays and hurdles that you may have to jump. This is a legal process taking place in a court of law. Estate litigation attorneys have the legal knowledge required to help you navigate the process and to represent you adequately in hearings related to the lawsuit.

Contact Us

If you’re interested in contesting the revocation of a will in which you have an interest, you need an attorney to represent your rights and help you reach the outcome you’re hoping for. You can file a lawsuit to contest the will, but it’s a complex legal process.

The Dallas estate litigation lawyers from Staubus, Blankenship, Legere and Walker PLLC are experienced in estate planning and estate litigation. Reach out to an attorney from Staubus, Blankenship, Legere and Walker PLLC today at (214) 833-0100 to schedule a consultation about your options.

Dallas Lawyers for Contesting a Will Due to Lack of Testamentary Capacity

If you believe your family member wasn’t of sound mind when they created their will, you could pursue legal action to contest it. At Staubus, Blankenship, Legere and Walker PLLC, our team of estate litigation attorneys has decades of experience helping our clients challenge the validity of a relative’s will.

The person creating an estate plan must have testamentary capacity when they write the will for it to be valid. “Testamentary capacity” means they have the mental ability to understand their actions and the consequences of these actions when they write a will. They must also know their assets and who will receive them upon their death.

Families often encounter conflict when one or multiple people believe the will is invalid. Lack of testamentary capacity is a common ground for challenging someone’s will. Taking this type of case to court requires a probate judge to review the circumstances and determine whether they can validate the deceased’s will.

With over 100 years of combined legal experience, Staubus, Blankenship, Legere and Walker PLLC knows how to handle will contests effectively. We use our knowledge of state laws and legal procedures to create a strategy to try to reach a favorable outcome. When you hire us, we will work hard to meet your needs and remain by your side in the fight to ensure the proper administration of your loved one’s estate.

Contact the Dallas estate litigation lawyers team of Staubus, Blankenship, Legere and Walker PLLC at (214) 833-0100 today for a consultation. We’ll discuss our services and how we can help you and your family.

The Role of Testamentary Capacity in Creating a Will

The testator, the person executing a will, must be in a state of mental competency at the time the will is made. Only then can the executor legally administer the estate as outlined by the deceased’s final wishes. A valid will can only be created if the testator is of sound mind at the time. That means they have testamentary capacity.

Testamentary capacity means the testator:

• Understands the actions they’re taking
• Understands the effects of creating a will
• Understands the nature of the property in their estate
• Identifies the heirs and beneficiaries entitled to the assets

It’s crucial to understand that lack of testamentary capacity doesn’t necessarily mean the testator is an older adult or suffers from a serious medical problem. Even if someone has dementia, the will they create could be legally enforceable as long as they were lucid at the time of execution.

You can only prove a lack of testamentary capacity if the testator did not understand what they were doing while creating the will. Examples include:

• They didn’t know the document they signed was a will
• They had no comprehension of the assets in their estate
• They couldn’t identify their beneficiaries, heirs, or next of kin
• They had no knowledge of who would receive the property once they died
• They couldn’t understand the activity of executing a will and the effects it would have

If you want to contest your family member’s will or fight against another person challenging the will’s validity, contact Staubus, Blankenship, Legere and Walker PLLC right now. You should have a skilled and experienced legal team in your corner to help you fight to be sure your loved one’s intentions are carried out.

Who Can Pursue a Will Contest in Texas?

Texas Estates Code 22.018 permits any interested person to challenge a will. An interested person includes the parties below:

• Devisee, creditor, heir, spouse, or another person with rights to or a claim against the administration of an estate; and
• Anyone interested in an incapacitated person’s welfare, including a minor child.

If you are an interested person and have evidence to prove a lack of testamentary capacity, you could file your case with the probate court. However, you must follow a strict timeframe to challenge the validity of your family member’s will.

Statute of Limitations for a Will Contest

According to Texas Estates Code 256.204, an interested person can initiate a lawsuit to contest the validity of a will any time during the two years from the date the court admits the will to probate. If you wait longer than that, your lawsuit will not be permitted.

A probate judge will review the will to determine its validity. If they validate it, it will be a challenge to proceed with legal action to fight against the administration of the estate.

Instead of waiting for the will to enter probate, you should file your lawsuit as soon as possible after your relative’s death. Even though you’re grieving and trying to cope with your loss, if you realize something is wrong with the will, you could file a lawsuit. However, pursuing legal action before a judge validates the will could benefit your case, so you should file quickly.

Why Hire Staubus, Blankenship, Legere and Walker PLLC?

At Staubus, Blankenship, Legere and Walker PLLC, our Dallas estate litigation lawyers understand the uphill battle you face. A will contest can be a time-consuming legal proceeding. Whether you’re challenging a will or fighting against someone else’s lawsuit, you need a competent attorney to assist you.

When you hire us, we will take over your case and complete every step on your behalf. We maintain open and honest communication throughout any estate litigation matter. You will receive frequent updates about the status, so you know where your case stands and what to expect next.

Since 1992, we have built and maintained a solid reputation in the Dallas community. The work we do for our clients has earned us recognition by prestigious organizations, such as Texas Rising Star and Texas Super Lawyer. We also received an AV Preeminent® rating from Martindale-Hubbell.

Contact Us

At Staubus, Blankenship, Legere and Walker PLLC, we take pride in the level of service we provide. When you face a sensitive and emotional legal matter, you need guidance and support. Our team can develop a plan to handle the will contest carefully and efficiently. We can protect your rights and secure your family member’s legacy with the appropriate strategy.

You shouldn’t suffer the consequences of an invalid will after losing your loved one. When their assets and your future are at stake, you deserve an opportunity to fight for your relative’s wishes. We are ready to represent you and take your case to court if necessary.

If you think a lack of testamentary capacity existed when your family member executed their will, contact Staubus, Blankenship, Legere and Walker PLLC right now. We can file a lawsuit on your behalf to challenge the validity of the will and prove the claim you’re making. Call us at (214) 833-0100 to schedule a consultation.

Dallas Attorneys for Contesting a Will Because of Undue Influence

If you believe your loved one was pressured into decisions they made regarding their will, contact Staubus, Blankenship, Legere and Walker PLLC right away. You may have the right to file an undue influence lawsuit that would challenge the validity of the will.

Undue influence occurs when someone unethically pressures a testator (the person who is making the will) regarding the details of their will. Usually, an influencer is someone who has close contact with the testator, such as a family member or staff member of an elderly care facility, and is able to take advantage of the testator due to their old age and their dependence on them as a caregiver.

If you have reason to think that undue influence played a role in the creation of your loved one’s will, you need to challenge its validity to ensure that your loved one’s true intentions are fulfilled. When you are grieving the loss of a loved one, the last thing you want to deal with is a complicated legal process. Allow us to ease your burden by handling your case and advocating for your and your deceased loved one’s rights. With over 100 years of combined experience in estate law, you will know you are in good hands when you hire the Dallas estate litigation lawyers if Staubus, Blankenship, Legere and Walker PLLC. Call us at (214) 833-0100 or contact us online today to schedule your consultation.

What Is Undue Influence?

Undue influence can be exercised by family members, caregivers, or anyone else in close contact with a testator. For example, let’s say your mother has granted her antique collection to you in her will. When your brother finds out, he tries to convince her to change her will and give it to him instead, since his new wife is an avid antique collector. He even threatens to cut off contact with his mother unless she makes the change. This is undue influence and, if your mother does change her will, and the antique collection is granted to your brother, this would provide grounds for contesting the will.

How Do You Prove Undue Influence?

Under Texas law, to contest a will on the grounds of undue influence, you must be able to prove all three of the following elements:

1. The influence existed and was exercised
2. The influence overpowered the testator’s mind in relation to their will
3. The influence caused the testator to make decisions or changes to their will that they would not have otherwise made

Considered together, these three elements can prove that another person (the influencer) took advantage of their relationship with your loved one to influence them to change or make decisions about their will to benefit them, the influencer.

As the person contesting the will, you are responsible for proving undue influence. This can be very difficult to do since it’s impossible to know what your deceased loved one was thinking when they made their will. However, if you have reason to believe that undue influence was used, an experienced Texas estate litigation attorney can help you gather evidence and present a strong case. The court will use the evidence provided to consider the following factors:

• The relationship between the testator and the influencer
• The relationship between the testator and other beneficiaries
• The health and frailty of the testator, including physical or mental capacity, at the time the will was created or the change was made
• The extent of dependency of the testator on the influencer
• The character and conduct of those who benefit from the will

To be successful in proving undue influence and contesting a will, these elements, when considered together, must show that the influencer used their position of influence to overpower the free will of the testator. The resulting will document would therefore likely reflect the influencer’s wishes, rather than the testator’s.

If the court decides that undue influence truly was present, the transaction in question would be invalidated. In our example, that would mean the granting of the antique collection in the will to your brother would be invalid. Depending on the specifics of the case, this could result in that transaction in the will being modified back to the original intent or it could be invalidated entirely.

Who Is Eligible to Contest a Will in Texas?

Only interested persons are eligible to contest a will in Texas. Under Texas statute 22.018, this includes:

• A spouse, heir, devisee, creditor, or someone else who has a right to or claim against the administration of the deceased’s estate
• Any person interested in an incapacitated person’s welfare, including any minor children

How Long Do You Have to Contest a Will?

If you wish to contest a will on the grounds of undue influence in Texas, you have only two years to do so. This timeframe, called the statute of limitations, requires that you must file a lawsuit within two years from the date when the will is entered into probate.

If your loved one has passed away recently and the probate process has not begun, it would be in your best interest to file the lawsuit as soon as possible. Probate is the legal process for reviewing and validating a will. Filing a lawsuit before a judge has deemed that the will is valid could assist the legal process.

Why Choose Staubus, Blankenship, Legere and Walker PLLC?

Staubus, Blankenship, Legere and Walker PLLC has been successfully representing clients in probate, guardianship, trust, and estate planning matters since 1992. Our dedicated attorneys will provide you with the personalized service, knowledge, and skills you can trust to handle your undue influence case. With decades of experience in probate court, our firm has an unmatched reputation as an aggressive probate trial firm with a track record of success in complex cases. We have achieved an AV rating, which is the highest legal rating available from one of the most well-known and respected law firm rating services, Martindale-Hubbell.

Contact Staubus, Blankenship, Legere and Walker PLLC Today

A complicated legal battle is not a happy thought for most people, particularly when they’re grieving the loss of a loved one. Allow us to use our knowledge and experience to handle your case with care and compassion and ease some of the burden you are facing. The Dallas will contest attorneys of Staubus, Blankenship, Legere and Walker PLLC are available to discuss your case. Call us at (214) 833-0100 or contact us online today.

If you want to challenge the validity of your loved one’s will due to improper execution, you should contact Staubus, Blankenship, Legere and Walker PLLC to discuss your legal options. You might have a case you can pursue in probate court to contest the will.

Improper execution means the testator, the person creating the will, did not sign the will, did not sign it in front of two witnesses, or the two witnesses didn’t sign it. Texas strictly enforces what a person needs to do to execute a valid will. If it doesn’t include all the necessary requirements, a beneficiary, heir, or another party could file a claim to contest its validity.

The Dallas estate litigation lawyers of Staubus, Blankenship, Legere and Walker PLLC have over 100 years of combined experience handling estate litigation matters. We’re familiar with state laws and the legal procedures required to challenge a deceased individual’s will. When you hire us, we will take over your case from start to finish so you can focus on grieving the loss of your family member. You should not be forced to handle this legal matter when you already face various other responsibilities.

For a consultation with an experienced and trusted lawyer in Dallas, call Staubus, Blankenship, Legere and Walker PLLC at (214) 833-0100 or reach out to us online.

What Makes a Will Valid?

Under Texas law, a will is only valid if it includes the elements listed below.

Proper Execution

The testator, the person creating and executing a last will and testament, must put their final wishes in writing. There are two types of legally recognized wills in Texas:

• Holographic will – A holographic will refers to a handwritten document with the testator’s signature. It does not have to be signed in front of a notary public or witnesses.
• Attested will – An attested will is a typed document. Typically, someone types it on a computer and prints it out for signature. The testator must sign it in front of two witnesses to be valid.

The two witnesses must be over 14 years old. They also cannot be anyone that would benefit from the will, such as an heir or named beneficiary.

Legal Capacity

Creating and executing a last will and testament requires the testator to be of legal capacity. The elements of legal capacity include:

• Being 18 years of age or older;
• Having been lawfully married; or
• Being a member of the United States armed forces.

Testamentary Capacity

Testamentary capacity means the testator is of sound mind and has the mental capacity to understand the action they’re taking by creating and executing a will. They should know the contents of the legal document and the effects it will have when they die. They must also understand the nature of the assets included in their will and who will receive them upon their death.

Testamentary Intent

Testamentary intent means the testator freely and voluntarily signs the will. There is no undue influence by someone else inducing the testator to execute their will.

For example, the will can be considered invalid if another person coerces or threatens the testator into signing.

Improper Execution of a Will

Improper execution includes two major factors:

• The testator didn’t sign their last will and testament correctly.
• The testator didn’t sign their will in front of two witnesses.

If your loved one died and you discovered they didn’t execute their will correctly, you might have grounds to contest the validity. You should consult an estate litigation lawyer to determine whether you have a case to pursue.

Parties Eligible to Contest a Will in Texas

According to Texas statute 22.018, only interested parties are allowed to contest a will. Interested parties include:

• A spouse, heir, devisee, creditor, or someone else who has a right to or claim against the administration of the deceased’s estate
• Any person interested in an incapacitated person’s welfare, including any minor children

If you are one of these individuals and can prove the testator didn’t execute their will correctly, you could file your case in probate court. You must have evidence to show your loved one’s will wasn’t signed or witnessed as required by state law. If you don’t have the necessary evidence, you will likely lose your case.

Deadline to Challenge a Will

There is a timeframe for pursuing legal action if you believe the will is invalid. This is called a statute of limitations. The statute of limitations in Texas is two years. That means you must initiate your case within two years from the date the court enters the will into probate. Once the statutory deadline expires, you could lose your right to contest the validity of the will.

Probate is the legal process of a court reviewing and validating a will so the administrator or executor can distribute the testator’s assets according to their wishes. You don’t have to wait for probate to start to contest the will. In fact, it might be beneficial to initiate your case in court before probate because it has not been deemed valid by a judge yet.

Why Choose Staubus, Blankenship, Legere and Walker PLLC?

Since 1992, we have represented Dallas clients in their estate litigation cases. We understand the stress of finding out your loved one’s will might not be valid and the overwhelming responsibility that comes with contesting it. Whether you’re a spouse, heir, or another party, you can count on us to meet your needs and fight hard to try to reach your desired outcome.

Our legal team provides every client with the personalized attention and service they deserve. You will be our top priority while we’re working on your case. We take a custom approach to every legal matter we handle to create the most effective strategy for every one. We have the experience and resources to get the job done.

Staubus, Blankenship, Legere and Walker PLLC has a reputation for our dedication to our clients and the results we’ve achieved. We hold an AV Preeminent® rating from Martindale-Hubbell, the highest rating lawyers can receive. Prestigious legal organizations also listed multiple lawyers from our firm as Texas Super Lawyers and Texas Rising Stars.

Contact Staubus, Blankenship, Legere and Walker PLLC Today

Contact Staubus, Blankenship, Legere and Walker PLLC right now if you want to file a lawsuit for the improper execution of your loved one’s will. Whether the testator didn’t sign the will correctly, or there weren’t any witnesses, we could help you contest the will and try to prove it isn’t valid.

Call us at (214) 833-0100 to schedule a consultation with a Dallas estate litigation lawyer and learn more about what we can do for you.

Dallas Lawyers to Contest Wills Because of Mistake

If you believe your loved one executed their will by mistake, you should contact Staubus, Blankenship, Legere and Walker PLLC immediately. You might have legal grounds to contest the will in court.

With over 100 years of combined experience, our legal team can review the circumstances and create a strategy to try to resolve the matter favorably. We understand the overwhelming feeling of knowing the will your relative executed doesn’t reflect their final wishes. The mistakes they made during the execution of the will could prevent you from receiving the assets you know your loved one wanted to leave to you.

You can count on our Dallas estate litigation lawyers to provide the representation and guidance you need to navigate the complicated litigation process. We can obtain evidence to prove that a mistake makes your family member’s will invalid. You will have a dedicated advocate by your side until the end.

To schedule a consultation to learn more about Staubus, Blankenship, Legere and Walker PLLC and what we can do for you, call (214) 833-0100 today.

Elements of a Valid Will

A will must involve various elements to be considered valid. These elements include:

Document in Writing

The will must be written by hand or typed and printed from a computer. The testator (the person making the will) must also sign the will in front of two witnesses, who must also sign the document.

A witness can only be a person at least 14 years old who isn’t benefiting from the will. In other words, a beneficiary can’t be a witness to the execution of a will.

Legal Capacity

The testator must have the legal capacity to create and execute a will. Legal capacity means the testator is:

• 18 years old or older;
• A member of the United States armed forces; or
• Has been lawfully married.

Testamentary Capacity

The testator has testamentary capacity if they are of sound mind and have the mental capacity to understand what they are doing. That means they know they’re creating a will, and they understand the effects that the contents of the document will have upon their death. They also understand the extent and nature of any property they own and the distribution of their assets.

Testamentary Intent

Testamentary intent means the testator signs the will voluntarily and freely without the undue influence of another party. The testator must also intend to outline their wishes for the distribution of their property in writing.

Mistakes Involved in a Will Contest

Multiple mistakes could occur that allow you to contest your loved one’s will. The most common include:

• Execution mistake – A mistake in execution involves the type of document signed by the testator. For example, the testator might have thought they were signing something other than a will.
• Inducement mistake – Although the documents were correct, the testator mistakenly believed a fact regarding the will’s contents. For example, they thought they owned a specific asset they wanted to leave behind to a beneficiary but forgot they transferred ownership to someone else a long time ago.
• Language mistake – A mistake with the language contained in a will could make it invalid. For example, the testator wanted to bequeath their property to a specific beneficiary but mistakenly listed the wrong person’s name.

Parties Entitled to Challenge a Will

You can contest a will due to a mistake if you are an interested party. Texas statute 22.018 defines an interested party as a:

• An heir, creditor, devisee, spouse, or another person who has a claim against or right to the administration of the estate in question; and
• Any individual interested in an incapacitated person’s welfare, including any minor child.

You must have legal grounds to challenge a will. It’s not enough to believe you deserve to receive a specific asset over another beneficiary or don’t agree with the provisions in the documents attached to your loved one’s will. There needs to be evidence that proves that the will is invalid and unenforceable.

Texas Time Limit to Contest a Will

In Texas, you must follow a statute of limitations, which is a specific timeframe, to challenge a will if you believe a mistake makes it invalid. The timeframe begins on the date the court admits the will to probate. You must file your case in probate court within two years of that date. If the deadline passes, you won’t have another opportunity to contest the will.

You don’t necessarily have to wait until the probate process begins to file your claim. In fact, it could be beneficial to pursue your case before the will begins probate. That’s because probate involves a court determining whether a will is valid. If the court validates the will before you file, proving the will is invalid will be more challenging.

Why Hire Staubus, Blankenship, Legere and Walker PLLC?

The Dallas lawyers of Staubus, Blankenship, Legere and Walker PLLC who contest wills based upon mistakes made by the testator have represented clients in cases like yours since 1992. We know the state laws and legal procedures we must follow to prove that a will is invalid. The mistake made during the execution of the will should never have happened. We can develop an effective strategy to submit the appropriate evidence that proves your case so you can carry out your loved one’s final wishes.

We offer a personalized approach to each case we take. Our legal team will determine the best way to meet your needs and try to achieve your specific goals. We provide one-on-one attention and treat each client as a priority from start to finish of their case.

We are proud of the reputation we built and maintained throughout Dallas. Multiple attorneys from Staubus, Blankenship, Legere and Walker PLLC have received recognition as Rising Stars and Super Lawyers from Thomson Reuters. We also hold an AV Preeminent rating from Martindale-Hubbell for our work ethic and positive case results.

Contact Us

If you believe your loved one made a mistake during the execution of their will, do not hesitate to contact Staubus, Blankenship, Legere and Walker PLLC. Whether the testator mistakenly used the incorrect language or signed the wrong documents entirely, you could challenge the validity of the will in court.

Call Staubus, Blankenship, Legere and Walker PLLC at (214) 833-0100 right now to schedule a consultation with one of our Dallas lawyers who contest wills based upon mistakes made by the testator.

If you believe fraudulent activity influenced your loved one’s decisions while they were creating their will, do not hesitate to contact Staubus, Blankenship, Legere and Walker PLLC. We might be able to help you challenge the will so that a court could declare it invalid.

We understand the importance of carrying out your family member’s final wishes. They were responsible enough to outline how they wanted their estate handled upon their death. Unfortunately, someone they thought they could trust took advantage of them by helping them prepare a will that doesn’t reflect their best interests or intentions. Now you must face the complicated legal process of challenging the validity of the will, so you and other beneficiaries receive what’s rightfully yours.

At Staubus, Blankenship, Legere and Walker PLLC, our Dallas estate litigation lawyers have over 100 years of combined legal experience representing clients in estate fraud cases. We are familiar with state laws and the most effective strategies we can use to try to reach your desired outcome. You can depend on us to protect your rights during the litigation process and fight to hold the fraudulent party liable.

Call Staubus, Blankenship, Legere and Walker PLLC at (214) 833-0100 for a confidential consultation to learn more about what we can do for you while contesting a will in Dallas.

Using Fraud to Contest a Will

Texas law requires anyone who contests a will to have grounds for doing so. Fraud is one of the common grounds used to challenge the validity of a deceased individual’s will. You must have evidence that fraud occurred for a judge to rule in your favor. Simply stating you believe an executor, beneficiary, or another party engaged in fraudulent actions isn’t enough.

Various forms of fraud can occur during the process of creating a will. The most common types of fraud are below.

Fraud in Creation of a Will

The person creating a will can’t express their true intentions if someone misleads them before they execute or modify the will. You might have grounds to contest the will if you believe your loved one changed any part of their will because the at-fault party misrepresented specific information.

For example, someone could have told the testator (the maker of the will) about a death in the family to get them to remove that person as a beneficiary in the will. The party misleading the testator might have recommended they receive the assets instead.

Fraud in Execution of a Will

To execution a will, the testator must sign legal documents. Fraud can happen if a person drafts the documents on the testator’s behalf and misleads them into believing the terms contain their intentions. The fraudulent party might have gained the testator’s trust to such a degree that the testator doesn’t think they need to review the contents of the will.

Execution fraud can also involve a medical condition preventing the testator from reading the will, such as failing or loss of vision. The appointed executor could create a document naming them as the beneficiary of the testator’s estate instead of the intended heir.

Fraud Due to Duress

Duress refers to violence, threats, or another action used to force someone to do something against their wishes. Someone could have used physical violence or threats against the testator’s life to force them to sign a will with provisions they don’t want.

Fraud Due to Forgery

Forgery involves someone creating a fake will or changing parts of a will to benefit themselves. A person could draft legal documents as part of the will to cut out the originally named beneficiaries. That way, they can receive all of the testator’s assets upon their death.

Parties Eligible to Contest a Will

Only specific individuals are allowed to contest a will on the grounds of fraud. Texas statute 22.018 permits an interested person or person interested to challenge the validity of a will. An interested person includes:

• Spouse, heir, creditor, devisee, or another party with a claim against or right to property in the administration of an estate; and
• Any person interested in the incapacitated person’s welfare, including a minor.

An interested person is also an individual who suffered financial harm or would be entitled to inheritance upon invalidation of the will.

You can pursue legal action against any party involved in creating, executing, or administering your loved one’s will. The fraudulent party might be the appointed executor of the estate or a named beneficiary. If you believe fraud occurred, it is your right to hold that person accountable.

Deadline to File a Claim for Fraud

There is a timeframe you must follow to contest a will in Texas. You must file the appropriate documents in court to begin the legal process. Once the trial court admits the will to probate, you have two years to challenge the validity of the will.

However, you don’t have to wait for probate to begin to pursue legal action against the fraudulent party. If you want to file before probate begins, you can. Since probate involves a judge validating a will, filing before then could benefit your case.

Contact Staubus, Blankenship, Legere and Walker PLLC

The Dallas fraudulent will contest lawyers of Staubus, Blankenship, Legere and Walker PLLC have the experience and knowledge necessary to take on the most complicated estate matters. When you need to contest a will, we will use a strategic approach to meet your needs and try to reach the best possible result. Our legal team knows what it takes to get the job done.

Proving fraud occurred during the creation or execution of a will can be a challenge. You need a dedicated legal team on your side throughout the entire process. We will guide you through every step and provide the support you need to get through this difficult time in your life.

Our decades of experience and favorable case results have earned us a stellar reputation among the legal community. We receive multiple awards and accolades from prestigious organizations, such as Super Lawyers and Martindale Hubbell.

If you want to contest a will in Dallas, contact Staubus, Blankenship, Legere and Walker PLLC right now. One of our Dallas fraudulent will contest lawyers will be happy to meet you for a consultation to discuss the circumstances and advise whether we can help. Call (214) 833-0100 or reach out to us online today.

The Dallas estate litigation lawyers of Staubus, Blankenship, Legere and Walker PLLC are prepared to help you if you are dissatisfied with how the estate was administered when someone close to you has passed away.

You might be dissatisfied with how your loved one’s estate was handled for many reasons. Even if they left behind a will, it is possible that it did not truly reflect their final wishes, especially if there is reason to believe that they were not of sound mind when the will was created. It is also possible that funds or assets were incorrectly distributed, or there may be an issue with how the executor or administrator handled the estate.

Our knowledgeable estate litigation lawyers have represented many heirs, beneficiaries, family members, executors, and administrators across Texas. If you feel that you need to challenge your loved one’s estate administration, we’ll be ready to put our skills and experience to work for you.

Contact us at (214) 833-0100 or contact us online for a confidential case evaluation today.

How Our Estate Litigation Attorneys Can Help

When a person dies, the surviving family members and those who were close to them are thrust into a challenging situation. While you would like to take the time you need to grieve and cope with the loss of their love and companionship, countless legal matters need to be resolved.

Often, the mix of money and family can create a combustible situation. Disputes over estate administration are common, particularly when a substantial amount of money is in question or when family conflict arises.

Estate administration is a complex process, regardless of the circumstances. Often, the deceased will have left behind a will outlining their final wishes. However, before the will can be executed, it must go through a process called probate. Some heirs may find the probate process confusing, frustrating, or unfair, but a skilled probate lawyer can help resolve these issues.

You have two years to challenge a will in Texas. Before a will can be binding, a court must determine that it is valid. If the court determines it isn’t valid, then the estate property will be distributed according to Texas law.

At Staubus, Blankenship, Legere and Walker PLLC, our Dallas estate litigation attorneys have extensive experience helping people like you resolve estate administration disputes. We will use all the tools at our disposal to help resolve the situation, from informal means that will save you time and money to aggressive litigation when necessary.

Common Types of Estate Administration Disputes

There is a wide range of issues that could potentially arise during the probate process. If you are a representative charged with administering the estate, you might face threats or unfair claims from surviving family members of the deceased. If you are an heir or beneficiary, you might need to challenge the will’s validity or take action against the estate executor to get what you’re rightfully owed.

Some of the most common types of estate administration disputes include:

Contesting a Will – If you believe a will is invalid, Texas law allows you to contest it. You will have to plead the grounds on which you’re challenging it, which could include:

• Fraud
• Mistake
• Improper execution
• Undue influence
• Lack of testamentary capacity
• Revocation

You could contest a will before it has been probated by the court or afterward. Before it has been admitted to probate, the burden will fall on the will’s proponent to prove that it is valid. After the will has been admitted to probate, the burden will fall on the contestant to prove, based on a preponderance of the evidence (meaning, it is more likely than not), that the will is invalid.

Heir and Beneficiary Disputes –  If you were left out of a close relative’s will, or if you feel you are otherwise entitled to assets from the estate, you may have a kinship dispute. It may be necessary to prove your relationship to the deceased, and an experienced estate litigation lawyer could help you establish a strong claim.

Breach of Fiduciary Duty – Administrators, executors, and trustees have a fiduciary duty to the decedent and the beneficiaries of an estate. This means that they have a legal duty to administer the person’s estate accurately and responsibly. If they distribute assets to themselves, gift themselves money from the estate, commingle funds, or otherwise breach their duty, the beneficiaries could file a claim against them.

Creditors’ Claims Against the Estate – If the deceased owes significant debts at the time of their passing, creditors could make legal claims against the estate before the assets are distributed to the beneficiaries. When this happens, beneficiaries, the executor, or the administrator may have to dispute the creditors’ claims.

Some other estate litigation matters we regularly handle include:

• Will distribution claims
• Personal representative appointment
• Executor fee claims
• Executor misconduct
• Estate accounting
• Formal accounting
• Conservatorship disputes
• Guardianship disputes

When you hire Staubus, Blankenship, Legere and Walker PLLC to represent you, we will work with you to understand the issues related to your dispute. We take the time to get to know you, understand the issues at hand, and identify your goals. We’re here to help explain your rights and protect your interests.

Frequently Asked Questions About Estate Litigation in Dallas

If you have questions about your rights, don’t hesitate to reach out to a knowledgeable Dallas estate litigation lawyer at Staubus, Blankenship, Legere and Walker PLLC right away for a confidential consultation. We’ve also provided the answers to a few frequently asked questions below:

Who could contest a will in Texas?

In Texas, any interested person can legally contest a will. The state defines “interested person” as an:

• Heir
• Spouse
• Devisee
• Creditor
• Other individuals having a claim against or right in an estate being administered.

If you wish to contest a will, you will have the burden of proving that you meet the definition of an interested person.

How long do I have to contest a will in Texas?

A will can be contested up to two years after it has been admitted to probate. Remember that you are allowed to contest a will before it is admitted to probate, which is often a more effective option. Because the proponent must prove that the will is valid before it is admitted to probate, this gives you more leverage and the burden of proof will be different than if the will is determined to be valid by the court.

Will my case have to go to trial?

Many estate administration issues, including will contests, will be mediated before ever going to trial. Some judges in Texas strongly suggest that families seek mediation first, while others might require it.

In general,, Texas law favors family settlement agreements to settle estate disputes.

However, if there is evidence to support a contest, the case may have to go to trial. If one party requests a jury trial, a jury may be convened to decide on disputed issues, including testamentary capacity, undue influence, and more. The losing party could appeal a decision by the trial court, but the party that wins at trial will likely have the upper hand in these situations.

Contact Staubus, Blankenship, Legere and Walker PLLC?

The Dallas estate litigation lawyers of Staubus, Blankenship, Legere and Walker PLLC have extensive experience helping heirs, executors, administrators, beneficiaries, and family members resolve challenging estate matters. We know these cases can be complicated and difficult to endure. That’s why we work hard to help our clients understand their rights, the process, and how we can make a difference in their case.

Let us put our experience to work for you. We’ll be ready to discuss your case during a 100% confidential consultation with a knowledgeable member of our team. We’ll get to know you, your situation, goals, and desires. We’ll formulate a plan to help you get what you’re rightfully owed. Browse our reviews and learn why people rely on us. Contact us at (214) 833-0100 to set up a consultation with Staubus, Blankenship, Legere and Walker PLLC.

We also proudly serve Allen, Forney, Garland, McKinney, Mesquite, Parker, Plano, and Richardson.

The death of a loved one can be an emotionally charged and draining experience. What happens when this emotional time becomes even more complicated because issues arise in distributing the deceased’s trust? The thought of taking legal action at such a time may feel impossible and overwhelming, but your financial future could be at stake. When it comes to asset or property division, it’s important that you take action before the trust is completely drained or mismanaged.

The skilled Dallas contested trust litigation attorneys at Staubus, Blankenship, Legere and Walker PLLC will handle the legal legwork for you and walk you through every step of the lawsuit. We understand that sometimes conflicts can arise following the death of a loved one. Our legal team has the knowledge and experience to tackle the complex legal issues that can arise from disputing a trust in the state of Texas.

If you are considering contesting a trust, contact Staubus, Blankenship, Legere and Walker PLLC at (214) 833-0100 to evaluate your case’s circumstances. We want to fight for you.

What Is a Trust?

A trust is simply a legal document that arranges for certain named individuals to hold assets or property on behalf of the person creating the trust. The person who creates the trust is the grantor or the settlor. The person who is held responsible for managing the trust is called the trustee. It is the job of the trustee to protect the trust’s assets and ensure they are properly and correctly distributed to the named beneficiaries.

A living trust is a legal agreement that can be created while the property owner is still living. The grantor names the beneficiaries, and they receive the trust property after the grantor passes away. One of the advantages of a living trust is that it can help save family members the expense and delay of going through probate court.

In contrast, a testamentary trust takes effect after the maker’s death, but property passes into the trust through the will. This means it must go through the probate court process before being distributed.

What Is a Trust Dispute?

A trust is originally formed to distribute property or assets per the grantor’s wishes. It is a legal agreement meant to keep these assets safe until they can be properly distributed for the benefit of the named party. Many people are under the assumption that a trust is an indisputable document – that isn’t the case. A trust can be disputed, but depending on the circumstances of the case, it can be a complicated legal process.

Two main concerns tend to give rise to trust disputes. The first is typically due to disagreement between beneficiaries over the trust’s validity. The second main form of dispute that can arise relates to the distribution of the assets at the hands of the appointed trustee. If beneficiaries feel that the trustee is mishandling the property or not administering the assets correctly, this can lead to a dispute over the trust in court.

Under What Circumstances Should You Dispute a Trust?

There are many circumstances and ways in which trust disputes arise in the state of Texas. A seasoned trust attorney will be able to review the circumstances of your individual case and give you the best legal advice for your particular situation. In general, these are some of the more common ways in which a trust may be disputed:

• The trustee is mishandling the distribution of the assets or property or fails to follow the terms of the trust
• The trustee improperly invests the trust assets
• The trustee steals from the estate
• The grantor lacked the mental stability or capacity to sign the trust document – this may mean the creator did not understand the document, didn’t understand what their assets were, or didn’t understand how the trust would distribute the assets.
• An individual used undue influence to coerce the grantor into signing the trust.
• The grantor’s signature was forged.
• The language used in the trust itself is confusing, ambiguous, or otherwise unclear about the grantor’s wishes.

What Is the Process for Disputing a Trust?

To dispute a trust, the individual who wants to file the dispute must first have some standing to sue or some interest in the final result of the case, such as a beneficiary of the trust. That individual must then go through the process of filing a lawsuit in state probate court or district court. There must be a valid reason to dispute the validity of the trust itself, such as one of the examples given above.

However, the cause is only one part of the equation. You must be able to prove to the court that the trust should be invalidated. If a person claims that the grantor lacked the mental capacity to understand an sign a legal document, such as a trust, there need to be medical records, documentation, or other evidence demonstrating that the grantor lacked mental capacity or was susceptible to undue influence. If a beneficiary claims that the trustee is mishandling assets, evidence must be presented that shows the trustee is not acting with their fiduciary duty.

If a court is convinced that the terms of the trust should be invalidated, the assets might then be distributed according to a previous will or trust. Without such a document, the state court may decide how to distribute all property and assets. However, if a probate court cannot be convinced that the trust should be invalidated, the assets will continue to be distributed as outlined by the trust document.

The process of disputing a trust can become very complicated, especially depending on the value of the trust or the types of property and assets that the trust includes. An experienced estate attorney can give you the legal advice you need regarding how to proceed and your best options. The attorneys at Staubus, Blankenship, Legere and Walker PLLC will thoroughly investigate and prepare your case and aggressively represent your best interests at the negotiating table or in court.

Frequently Asked Questions

Following are some of the most common questions we receive about trust contests. An attorney can work with you directly to answer any questions you have about your specific circumstances.

What happens when the trustee is not following the rules of the trust?

A trustee has the discretion to make decisions about the trust. However, that does not mean they have carte blanche to do whatever they like concerning that trust. There are rules they must abide by, and there are limits to what they can do. There are serious consequences for trustees who do not correctly handle or distribute the assets of a trust. They may be removed or even charged if they stole money from the trust.

How long can I expect a trust dispute to last?

The short answer is, it depends on the circumstances. Disputing a trust in the state of Texas may take a matter of weeks to resolve, but in some cases, it can take years. The length of the dispute typically revolves around how valuable the trust assets are and how determined each party is in gaining the outcome that is most favorable to them. In cases where both parties are unwilling to negotiate, settling the dispute may take years.

How much will disputing a trust end up costing?

Again, that question can have many different answers depending on the circumstances of the dispute. Talking to an experienced estate litigation attorney is the best way to get a clearer picture of the fees you may incur and how long you can reasonably expect a case to take to make its way through the court system. The attorneys with Staubus, Blankenship, Legere and Walker PLLC offer consultations to give you a better idea of what your legal options are.

Why Choose Staubus, Blankenship, Legere and Walker PLLC for a Trust Dispute

The legal team at Staubus, Blankenship, Legere and Walker PLLC is made up of attorneys who are experienced in trust litigation and estate planning. With a dynamic combination of trial law skills, strategic thinking, and aggressive representation at the negotiating table, we pride ourselves on giving our clients the outstanding service they deserve. We understand that challenging a trust can be intimidating and daunting. However, our compassionate attorneys will help you navigate this complicated process at every step. Find our office on Google Maps and read our reviews to learn why clients choose us.

The attorneys with Staubus, Blankenship, Legere and Walker PLLC have over 100 combined years of legal experience. That’s experience that you can trust. If you find yourself in a situation where you’re considering disputing a trust, contact our team at (214) 833-0100 to schedule a consultation. When your financial future is at stake, trust the legal team at Staubus, Blankenship, Legere and Walker PLLC to help you achieve the best legal outcome for your situation.

It feels overwhelming enough to plan for the future, a home, children, college, or even retirement. There is always something on the horizon to worry about or plan for. While many people are wrapped up in “what comes next,” they neglect thinking about the inevitable. As the saying goes, nothing is certain except for death and taxes, and although many of us don’t want to think about death, building a solid strategy for our passing is a must. Don’t leave your loved ones in limbo or battling it out in the courts. Planning for the inevitable, no matter how far down the road it may be, is a smart move for you and your family.

A trust can be an effective estate planning tool that allows you to distribute your property and assets as you see fit and ensure that your family and beneficiaries are cared for. Not sure where to start? The Dallas trust planning lawyers at Staubus, Blankenship, Legere and Walker PLLC can help. We have over 100 years of combined experience in estate planning, probate, and litigation. This powerful knowledge, combined with our detailed, strategic planning, means that your estate and your family’s future are in good hands.

Contact our office today at (214) 833-0100 to schedule a consultation. We can review your situation and help you find the best solutions for your trust planning needs.

What Is a trust?

A trust is a legally binding agreement allowing a third party, called a trustee, to hold and oversee the distribution of assets to named beneficiaries. The individual who establishes the trust is known as the grantor or the settlor. One of the main benefits of establishing a trust is the fact that trusts typically avoid probate, a sometimes lengthy process. By avoiding going through probate, beneficiaries can gain access to the trust’s assets more quickly. Not only does this method save time, but it may also save on court fees and potentially reduce estate taxes.

Different Types of Trusts

There are a variety of different trust options that an individual may establish for the distribution of their estate. Determining which one is right for you can seem like a complicated and daunting task. Talking about your options with an experienced estate attorney is the best way to determine what option is right for your needs. Having the help of an estate lawyer now also means that your family may be able to avoid lengthy and costly court battles down the road.

Unfortunately, after the passing of a loved one, there are many ways in which trust can be disputed, especially if it is ill-prepared. To feel secure in the knowledge that your loved ones are provided for, it is important to establish your trust with the help of an attorney you can trust.

To help you get started, here is a breakdown of some of the more common types of trusts:

Living Trust

The grantor creates a living trust during their lifetime. Typically, the grantor will keep the power to change or revoke the terms of the trust until their passing. At the time of passing, the trust becomes irrevocable and can no longer be changed in any way. After the grantor’s death, the trustee manages and distributes the trust’s assets.

Testamentary Trust

A testamentary trust is outlined in a will. The will creates the trust after the grantor dies. Since the trust is created through the will, the assets and funds will be subject to probate.

Charitable Remainder Trust

Also known as a CRT, this form of trust allows for an income stream for a certain period of time and stipulates that any remaining funds go to a charity of the grantor’s choosing. With appreciated assets, donors can sell the assets without facing capital gains taxes.

Irrevocable Life Insurance Trust

An ILIT trust is designed to exclude life insurance proceeds from the grantor’s taxable estate. It also provides liquidity to the estate or the beneficiaries of the estate. This trust can be used to give estates of certain sizes or value tax savings.

Crummey Trust

This form of trust is primarily used to make gifts of assets to children over a period of time. This provides children with funds while sheltering the money from gift taxes as long as the gift’s value is equal to or less than the allowed annual exclusion amount. A Crummey trust also allows the beneficiary to withdraw over a given time, such as 30 days after the transfer.

Trusts also vary by whether they are revocable or irrevocable. A revocable trust means that the trust is flexible and can be changed at any time. This form of trust becomes irrevocable upon the death of the grantor. An irrevocable trust typically means that it cannot be altered after it has been executed. Once this type of trust has been established, the grantor loses control over the assets, and the terms cannot be changed, and the trust cannot be dissolved.

Frequently Asked Questions

While it’s best to talk to an estate planning attorney about your specific questions and circumstances, we’ve answered some of the most common questions we receive.

Do I need an attorney to plan my trust?

Depending on your circumstances and the type of trust you want to establish, navigating the legal aspects of setting up a trust can be difficult. An attorney can help you understand the options available to you and the financial benefits and ramifications of those options, such as tax benefits. Even one mistake in setting up a trust can set up your beneficiaries for lengthy legal battles after you are gone.

Is it better to set up a trust or have a will?

The answer is it depends on your situation. There are several instances where a trust may fit your particular needs better. Sometimes, people set up both a will and a trust to distribute different assets and valuables. Talking over your situation with a knowledgeable estate planning attorney will give you a better idea of setting up your estate and transferring your possessions and assets to those you care about.

When do I need to start thinking about establishing a trust?

There is no time like the present. Often, an individual waits until a catastrophic life event before thinking about how they want their estate to be handled and distributed. Planning ahead is always better than waiting until something terrible happens. If you wait to establish a trust, one of the pitfalls is that it may be more likely to be contested after your passing. If you are making plans while you are dealing with a serious life event or a serious medical condition, the plans you make could be contested by your beneficiaries. They may try to claim you lacked the mental capacity to establish and understand the elements of the trust.

Is it expensive to set up a trust?

Cost can vary because of a variety of factors. In general, the cost of establishing a trust greatly depends on the complexity of your financial situation and the number of your assets. Initially, a trust may be more expensive to set up than a standard will, but it may save money in the long run, since probate is avoided. An experienced estate attorney will be able to give you a better idea of what your legal options are in establishing a trust. The cost of peace of mind that your loved ones are taken care of can be beyond measure.

How do I know what trust option is best for me?

An experienced estate attorney will be able to review your situation and advise you on the legal options that are right for you. At Staubus, Blankenship, Legere and Walker PLLC we don’t believe in a one-size-fits-all solution to your estate planning. We take the time to get to know you, your situation, and your goals before helping you determine what type of trust is right for you.

Why Choose Staubus, Blankenship, Legere and Walker PLLC to Establish a Trust?

You want what’s best for your family and your estate. The first step towards that goal may be to establish a trust. Establishing a trust can be a complicated task depending on your financial situation and assets. Don’t trust your valuables and your family’s livelihood after you pass to just anyone when it comes to estate planning, experience matters. Look up our location on Google Maps and see what our clients have to say in their reviews.

The legal team at Staubus, Blankenship, Legere and Walker PLLC doesn’t believe in a one-size-fits-all approach to estate planning. We listen to your wants and needs, and customize a plan to fit your goals, whether that is to leave a gift to charity, minimize a tax burden, or provide for future generations. Our highly experienced team will strategically craft a trust you can count on. Contact our office today at (214) 833-0100 to schedule an initial consultation.