Contested Estates

Contested and Uncontested Wills

Contested will lawsuits often involve a deceased family member’s will that was fraudulently executed or entered into when the decedent lacked the capacity to execute a will. At Karnes Legal Services,  our disputed will cases often resolve in favor of our clients.

 There are three general ways a will can be ruled invalid:

  •  Undue influence, in which a dominant party overpowers the free Will of the testator
  • Fraud, in which the testator is misled
  • Lack of testamentary capacity, in which the testator is not overpowered or misled, but lacks the mental capacity to adequately communicate his or her wishes in a Will. Alzheimer’s disease is a common cause of lack of testamentary capacity.

If you feel that a Will has been executed improperly due to undue influence, fraud or lack of testamentary capacity, we can help. For instance:

  •  Did the will’s executor (person in charge of the Will) benefit from the Will and perhaps influence the decedent? Did the executor perhaps use undue influence both to become the executor and to control the terms of the Will?
  • Did the decedent, suffering from dementia or incapacity, change the Will under the influence of others?

The attorney team at Karnes Legal Services has helped dozens of individuals and families attain a fair resolution in will disputes, and obtain valuable and deserved assets, funds, property and keepsakes. To speak to one of our legal professionals who is dedicated to communicating with you, is sensitive to your needs and is an effective and skilled advocate, contact the law firm of Karnes Legal Services, at 731-668-9529. Or, if you prefer, send us an e-mail using our secure online form. We accept all major credit cards.

2 Comments

  1. My husband and his brother inherited a house, land, and buildings in Bolivar, Tennessee. The will went to probate for them two, but they never had the deeds changed to show that they owe the property. My husband was killed January 26, 2016, and they never had a will draw up, so I
    would like to know my rights to the properties, and my
    husband has a daughter that is 40, I would like to know how the child fits into the equation. I live in Milton, Florida so I would like to set up a phone consulation, if possible. My phone number is 850-380-4980, and my name is Barbara Baker, thank you

    • I don’t believe your entire message came through. Please feel free to call 731-668-9529 x 100 and set an appointment. The initial interview is for an hour, and is $150.00.

Leave a reply