Alex R. Hernandez Jr.
When you need an experienced law firm you can count on us. Call our law firm for a free consultation. 361-792-3811. Alex R. Hernandez Jr. can help you with the tedious job of probate administration and distribution of the estate of a loved one whether there is a will or no will.
Our Corpus Christi probate lawyers can help with
- Probate Administration
- Trust Administration
- Trust Litigation
- Estate Planning
Our Corpus Christi probate and estate administration lawyers can help guide and counsel you through the process of whether you should open a probate or whether it is even necessary, can open the probate and designate the administrator or executor of the estate, do the inventory needed for the administration, close out the estate.
Corpus Christi probate litigation attorney Alex R. Hernandez Jr. is experienced in prosecuting and defending lawsuits against trustees, executors, and beneficiaries, including will contests, suits alleging undue influence, and suits against executors and trustees regarding the performance of their duties. Call him today for a free sit down 15 minute consultation via phone, video or in person today.
A will contest is a proceeding to have a deceased person’s will declared invalid, sometimes in part and sometimes in full.
In order to contest a will, the person who commences contest proceedings must have legal standing, that is, the legal right to challenge the validity of the will in probate proceedings. The law grants standing to all beneficiaries named in the will, and to all persons who would have inheritance rights if the deceased person had passed away without a will.
Depending on the grounds, the result of a will contest may be:
- Invalidity of the entire will, resulting in an intestacy or reinstatement of an earlier will.
- Invalidity of a clause or gift, requiring the court to apply principles of intestate succession, or to decide which beneficiary or charity receives the charitable bequest by using the equitable doctrine of cy pres.
- Diminution of certain gifts and increase of other gifts to the widowed spouse or orphaned children, who would now get their elective share.
Standing to contest a will
- Those who are named on the face of the will (any beneficiary);
- Those who would inherit from the testator if the will was invalid
Outside of the above two, most likely you will not have standing to contest a will.
If you are looking to challenge a will or validate a will being challenged our firm can help.
Call our Corpus Christi office today 361-792-3811
A will is a device that lets you tell the world whom you want to get your assets. Die without one, and the state decides who gets what, without regard to your wishes or your heirs’ needs.
So-called intestacy laws vary considerably from state to state. In general, though, if you die and leave a spouse and kids, your assets will be split between your surviving mate and children. If you’re single with no children, then the state is likely to decide who among your blood relatives will inherit your estate.
Making a will is especially important for people with young children, because wills are the best way to transfer guardianship of minors.
You may amend your will at any time. In fact, it’s a good idea to review it periodically and especially when your marital status changes. At the same time, review your beneficiary designations for your 401(k), IRA, pension and life insurance policy since those accounts will be transferred automatically to your named beneficiaries when you die.
A will is also useful if you have a trust. A trust is a legal mechanism that lets you put conditions on how your assets are distributed after you die and it often lets you minimize gift and estate taxes. But you still need a will since most trusts deal only with specific assets such as life insurance or a piece of property, but not the sum total of your holdings.
Even if you have what’s known as a revocable living trust in which you can put the bulk of your assets, you still need what’s known as a pour-over will. In addition to letting you name a guardian for your children, a pour-over will ensures that all the assets you intended to put into the trust are put there even if you fail to retitle some of them before your death.
Any assets that are not retitled in the name of the trust are considered subject to probate. As a result, if you haven’t specified in a will who should get those assets, a court may decide to distribute them to heirs whom you may not have chosen.
A living will (also known as an advance medical directive) is a statement of your wishes for the kind of life-sustaining medical intervention you want, or don’t want, in the event that you become terminally ill and unable to communicate.
Call us at 361-792-3811
Will Contests and Probate Litigation
Estate Planning Lawyer in Corpus Christi
In property law, a will contest occurs when a person challenges the validity of a will. If an individual believes a will does not reflect the true intent of the testator (the party who drafted the will), they may decide to contest it. Anyone with an interest in the estate can file a challenge and try to have the will thrown out or amended.
A will can be challenged for several reasons, including:
The mental capacity of the person making the will is in question
The original will has been superseded
Creation of the will was made under duress, coercion, or undue influence
Forgery was involved in the drafting of the will
The will failed to follow state requirements for execution
Challenge a Will With Our Help
For this legal process, you will need to have a dependable estate planning attorney by your side. At The Law Offices of Alex R. Hernandez, Jr. PLLC, our firm is ready to help with probate court if you are seeking to contest a will that has gone into effect. Since our founding, our firm has fought hard to see justice done in probate court. We have a 10.0 “Superb” rating from Avvo and our successful cases speak for themselves. Give us a call today for compassionate counsel!
With so much at stake in the execution of a will, make sure you have an experienced lawyer by your side to make the process work as intended. We proudly serve clients all throughout Texas and can handle your contest issues and intestate litigation. No matter what type of legal services you need, our estate planning and probate litigation attorney is prepared to help with your case.
Need legal counsel about a will matter? Want to discuss probate litigation? Give us a call today for a free case evaluation.