Will Contests

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Will Contests

Staubus & Randall is experienced in handling will contests. We represent beneficiaries and potential heirs in contesting purported wills of decedents across the State of Texas based upon lack of mental capacity, undue influence, fraud, forgery, and insane delusion.
 
We also represent named executors and beneficiaries in vigorously defending valid wills against contests in order to carry out the decedent's final wishes regarding the disposition of their estate. We are often trusted by estate planning attorneys to defend wills drafted by them against will contests.
 
The firm also contests the appointment of Executors and Administrators for conflicts of interest or other disqualifications.

We have developed over the years a reliable network of recognized experts as resources in will contests when appropriate, including forensic psychiatrists to review the testator's medical records and nursing home records in relation to their mental capacity to make a will, forensic document examiners to review the signature and handwriting on wills for potential forgery, forensic accountants to review the testator's records for evidence of financial abuse by potential undue influencers, and private investigators to investigate the underlying facts and circumstances of the case and to discover potential witnesses.
 
Staubus & Randall has also successfully tried to verdict contests involving lost, stolen, or misplaced wills. Texas law provides that if the original copy of a will cannot be produced in court, there is a rebuttable presumption that the will was revoked by the Testator. Texas law allows the use of circumstantial evidence to overcome that presumption by demonstrating that it was more likely that the will was lost or stolen than revoked. We have been successful in overcoming that presumption in having missing wills admitted to probate. We have also successfully defended against claims that a will was lost or stolen.

 

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8401 N Central Expwy, Ste 210, Dallas, TX 75225-4404 | 214.691.3411 office | 214.691.3454 fax
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