Defending Against Will Contests

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Here at the law offices of David A. Munson P.C., we understand how extraordinarily difficult losing a loved one can often be. Sadly, not only is having to suffer the tremendous shock and emotional loss already often far too much but then the immediate added burden of the financial impact the loved one's loss bears upon the family, as well as the formalities and procedures associated with the estate.

While although these formalities and matters of probate are often an additional burden interfering with an already difficult grieving process, unfortunately they are critically necessary in order to ensure not only the deceased's last wishes are met with the dignity and respect they so deserve, but to also ensure the estate is protected and the will is honored in the manner for which the deceased had intended.

Though already difficult and emotionally overwhelming as grieving a loss can be, there in fact potential circumstances and complications within the estate that can add even more stress and burden on the deceased's loved ones. Such is the case in the event the will must be defended against contest.

Why a Will Might Require Defending

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It has been our experience at the offices of David A. Munson P.C. that a vast majority of will contests are filed in The Woodlands and/or the Houston Texas area by beneficiaries, heirs or those who expect to have been potential heirs to an estate. While typically the party contesting the will feel as though they have either been unfairly compensated or perhaps left out of the will entirely, there are several other reasons in which a will might require defending against contest.

  • The Will is believed to have been improperly drafted and/or signed
  • The signatures of the deceased and/or witnesses believed to have been forged/fraudulent
  • The deceased is believed to have been coerced out of duress into altering the will and/or the adding of beneficiaries or leaving out of others against their (the deceased's) own freewill.
  • The deceased was not of sound mind or did not truly understand and/or comprehend the critical seriousness of the documents they were signing or their (document's) effect on others.
  • The deceased had intended to change the will to include/exclude beneficiaries prior to their death
  • The will is an older version and had since been changed to reflect the current wishes of the deceased and therefore should not be honored
  • The executor in charge of the handling of the probate and will refuses, or has since become unable, to perform his or her duties or has proven unfit to handle these duties properly, respectfully and in accordance to the procedures, laws and regulations in The Woodlands and/or Houston Texas Probate

Defending a Will

Anakin Skywalker: Lawyer Profile

It is because of circumstances such as these that it has become increasingly more important than ever for anyone who might feel as though the validity of their will might be questioned for any reason whatsoever after their passing to secure the services of an attorney who is highly experienced in defending against will contests.

If in or around The Woodlands and Houston Texas, estate planning attorney David A. Munson P.C. is not only extremely skilled at aggressively defending wills against contest but strives to ensure any potential threat of attack is often preemptively defended. David A. Munson P.C. has proven time and time again that by ensuring your will includes and/or is:

  • Drafted and drawn in accordance to the laws and regulations of probate within the Woodlands and Houston Texas
  • All signatures are properly made and legally binding along with witnesses being properly and legally identified
  • Statements present to legally validate mental capacity at the time of the will being drafted and signed

By having these preemptive will defenses in place during and after drafting, as well as David A. Munson P.C. having proven to aggressively and vehemently defend wills against contest after one's unfortunate passing, loved ones can find comfort in knowing that although matters of probate are necessary and must be handled accordingly and promptly, David A. Munson P.C. has helped lift this burden from upon their already strained shoulders in order for them to have the time and space to grieve in a more appropriate manner.