Testate Succession Lawyer Lafayette, LA
As a Testate Succession Lawyer Lafayette, LA families depend on from Theus Law Offices may explain, testate refers to making a will valid before a person passes away. A will that is not legally binding can cause problems for family members after the trustor has died. Sometimes, a relative who is disappointed in their share of the estate will attempt to have the will declared not valid. They can pursue this by contesting the will through the courts. This person who contests must have been named either as a beneficiary in the will or have grounds to inherit based on state laws if the will is determined invalid.
Here are a few common reasons why a will may be considered invalid:
Fraud or Undue Influence
A will that was written and signed while under undue influence, fraud, or coercion, will no longer be valid in the eyes of the court. Unfortunately, this happens all too often, particularly when the trustor is of older age and has a condition in which they can be easily taken advantage of or not understand their actions. For example, a person who is performing end-of-life care for that individual may use it as the opportunity to coerce the senior into changing terms of their trust, adding the caregiver as a beneficiary, transferring assets, and more.
If you suspect that someone has wrongfully influenced your loved one into making changes to their trust, then we strongly recommend contacting our succession law firm Lafayette, LA residents trust immediately for counsel.
Lack of Necessary Content
Every will that is written is required to have specific provisions in order to be carried out as intended. The provisions confirm that the trustor is fully aware of and understands the reasons for that document being created. The terms must be clear and precise to prevent confusion later on. The document must list what the trustor’s wishes are for what should happen with their estate, assets, property, and other sentimental items. A will that is strong will include an appointed executor, who shall carry on these wishes as described after the trustor passes on.
Lack of Testamentary Capacity
Any person over 18 years of age is assumed to understand what a will entails. When someone is near the end of their life, they are not usually in the best state of mind. A court may invalidate a will if they find any of these factors to be true:
- The trustor has dementia
- The trustor was under the influence of drugs and/or alcohol when the will was written or signed
- Based on a diagnosis, disability, or other reason, the trustor was not capable of understanding the document
Theus Law Offices
We understand that estate planning and testate issues can be a confusing topic for trustors and their family members. If you want help, please don’t hesitate to call a Lousiana Testate Succession Lawyer in Lafayette at Theus Law Offices today to get the support and information you need!