A Will Contest can occur when a Last Will and Testament does not fit the requirements under the Texas Probate Code and Texas Estates Code. A contest as to a Will can occur when:
- the person didn’t know what they are signing due to a lack of capacity,
- due to undue influence,
- due to duress,
- or due to a failure to pay claims on the estate, to name a few.
It’s important to understand that these cases are complex and that they may be scrutinized based on lack of proper elements to create a valid Will and/or lack of attention to procedure to ensure the process is followed relating to the Will execution and probate.
Life Insurance Disputes
A life insurance dispute may occur when a company pays out a claim wrongly because of legal issues relating to a policy change, or relating to a breach of contract by the insurance company. After a proper case evaluation, it may be necessary to file suit to hold the insurance company liable while paying careful attention to any injunctive relief that may be necessary to temporarily halt a wrongful distribution of life insurance proceeds.
Sometimes, a life insurance distribution is made to a former spouse, or to a person that shouldn’t have been a beneficiary in the first place. Regardless of the wrongful action, all claims should be evaluated when something doesn’t make sense, and a possible wrongful distribution may occur.
For more information, call The Barrera Law Firm at (956) 428-2822 or reach out to us online, for a free consultation relating to these claims.
