QUESTION
I want to fight the will of my mother's estate In San Antonio
Asked on Jul 23rd, 2016 on Wills and Probate - Texas
More details to this question:
My mother's will is in probate at this time and my mother's will is in probate at this time and stipulates that a medical trust be set up with all of my share of the estate and makes my brother the trustee. I want to challenge the will starting with having my brother removed as trustee. He has done several things that may qualify to have him removed. If possible have the trust dissolved, and receive my third of my mother's estate in the same manner as my siblings.
1 ANSWER
Kevin Spencer
The best thing for you to do is to contest the Will, if there are grounds for doing so and evidence to support them. The most common grounds for contesting a Will is that the testator lacked testamentary capacity at the time the Will was signed or that he/she was unduly influenced to sign a Will, they would not otherwise have signed. You can also contest based upon fraud or forgery. There is a lot more to consider in making the decision about whether to contest or whether you can contest.
If you are successful in setting aside the Will, then the Trust goes away and is eliminated as an issue.
I would be happy to discuss your situation with you further, if you are interested.
Sincerely,
Kevin Spencer
(214) 965-9999
www.spencerlawpc.com
Answered on Jul 24th, 2016 at 7:21 PM