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legalgems, Arbitrator
Category: Real Estate Law
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Experience:  Just Answer consultant at Self employed
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My mother has a valid will and leaves her property to me. Do

Customer Question

My mother has a valid will and leaves her property to me. Do I need to be concerned about anything?
JA: Because laws vary from state to state, could you tell me what state is this in?
Customer: Texas
JA: Have you talked to a lawyer yet?
Customer: no
JA: Anything else you think the lawyer should know?
Customer: I'm living with her and just wondered if there is anything that can be contested.
Submitted: 11 months ago.
Category: Real Estate Law
Expert:  legalgems replied 11 months ago.

a will can always be contested, just like anyone can bring a lawsuit over anything- but if a person contests a will without due justification the court can order the contesting party to pay the fees of the estate for defending the will; also if the will has a no contest clause and a person unjustly contests it, then any inheritance they may have been entitled to would be forfeited.

Normally a properly executed will is valid unless a person can prove that the will was the result of undue influence or coercion, or that the person did not have the requisite mental capacity.

The court will look to see if the heir is the "natural" heir- is this a person the decedent would normally leave their property to (for example, is the property being left to a loving child, or is it being left to someone the decedent met just a few months before they passed)

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

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