We "Bust" Trusts on Contingency

We “Bust” Trusts on Contingency. In other words, we “break” a trust on contingency. When a trust serves no particular purpose or has undefined terms or meaning, a Trust can be challenged. If the Trust was simply done in bad faith, it can be challenged. Unfortunately, Trust Dispute fights can be extremely expensive legal matters between the lawyer fees and case expenses. The Trustee defending the Trust can often use Trust money itself to defend the Trust that is being disputed.

So, to Bust a trust on contingency, this can be the trojan horse for the client who otherwise would be powerless for financial reasons. Because we have seen Trust disputes where the opposing party have spent hundreds of thousands of dollars in the Trust fight, contingency can be help those who cannot pay for the Trust fight. When you hire a Trust Dispute Lawyer on Contingency, they are only paid when they make a recovery for you. Your attorneys are in the same position as you. We are rowing in the same direction with the same goals..

Unfortunately, the Trust needs to be a big enough Trust to justify a contingency fee as the costs of these cases are high and it is impractical to do contingnecy on smaller Trusts fights even when the case has merit.

Accordingly, we only take a few trust dispute cases. To “Bust” or “Break” Trust , it usually needs to be related to Trusts without purpose or defined purpose. Other Trusts can be challenged when there are Fraudulently made Trusts or Forgery. Trusts can be challenged when they were executed under undue influence or done where the settlor lacked the mental capacity to do a Trust legally.

In inheritance Trust fights, we have been successful in recovering many millions of dollars . Please, Do not fear the “Forfeiture Clause”, if we take your case we believe you that have brought a case in good faith and therefore it is unlikely you have to fear the “no contest” clause. We would not take your Trust Dispute on Contingency if your case had a big risk. However, it is always significant risk and therefore it puts what you would receive in the Trust at risk, so you need to consider all this and think about very carefully. If however, you are not a beneficiary there is nothing to lose. Call Us for a free Consultation.

Will Contests on Contingency

We take Will Contests on Contingency. Will Contests can be very expensive legal proceeding between the attorney fees and case expenses. The party defending the Will can often use estate money to defend the Will that is in dispute.

Therefore, contingency can be a big equalizer for the client. We have seen some cases where the opposing side have spent hundreds of thousands of dollars in the estate fight gutting the estate itself. When you hire a Will Contest Lawyer on Contingency, we are only paid when we make a recovery for you. As your lawyer, we are in the same boat as you. We win when you win.

As result, the estate needs to be a big estate to justify a contingency as the costs of these cases are high and it is impractical for us to do this on smaller estates even when justly deserved. Usually, the estate needs to be over a million in dispute for us to take on contingency. Ideally, we could help everyone but we are limited on what we can do.

Therefore, we only take on the strongest cases. Most cases are related to Fraud on Will; or a Will Forgery of the signature or alteration of the document. Wills can be challenged that were done under “undue influence.” and/or Wills done where the testator lacked the necessary mental capacity to do a Will properly. There is also contests over testators with diminished capacity that are more susceptible to undue influence. We have been successful in recovering tens of millions of dollars for our clients.

Undue influence can mean the following:

• Forcing someone to do something they would not otherwise do

• Deceit or lies

• Blackmail of the testator

• Coercion by force or threat

• Duress or oppression

• Demand and pressure

• Manipulation

• Taking advantage of someone especially those that are elderly or ill.

Do not necessarily fear the “NO CONTEST CLAUSE”, if we take your case then we believe you that have brought a case in good faith and therefore it is unlikely it will be successfully imposed against you. Note, we would not take your Will Contest on Contingency if we felt you were not in acting in good faith. However, it is always a risk and puts what you would receive at risk. You need to weigh the pros and cons of risking what you have already if anything. We expect candor from our clients on the merits and truthfulness of what you tell us as we are going to battle for you and need to know the truth. For a free consultation, call today.

No Contest Clause in a Will can be challenged

In Texas, “No Contest Clause” can be challenged. A will can be contested on several grounds, such as lack of testamentary capacity, undue influence, fraud, duress, mistake, or forgery. A will contest must be filed in a probate court within four years of the testator's death, or within four years after the date the will is admitted to probate.

A “no contest clause”, also known as an in terrorem clause, is generally enforceable in Texas, but it can be overcome if the contest is brought in good faith and maintained in good faith, then there is probable cause to believe that the will is invalid. A “no contest clause” in a will not be enforced if the contest is based on a valid legal claim, such as fraud or undue influence.

The “no contest clause” is a provision in a will that states that any person who contests the will will forfeit their inheritance under the will. No contest clauses are intended to discourage will contests by making it less financially beneficial for a person to challenge the will.

It's worth noting that, even if a “no contest clause” is enforceable, it may not completely prevent a will contest. Some people may choose to contest a will even if it means forfeiting their inheritance, due to moral or other reasons.

What does NOT trigger a “No Contest Clause”

• Contesting the executor does not trigger a “will contest or the “forfeiture clause”

• Talking to attorney does not trigger the “No contest clause”

• Requesting an Accounting does not trigger the “No contest clause”

• Investigation of claims is not a Will Contest

• Seeking interpretation of a Will does not typically trigger a “No Contest Clause”

It's important to note that proving a will contest in Texas can be challenging, as the person contesting the will must provide evidence that the will is invalid. They may need to prove that the testator did not have the capacity to make the will, that the will was procured by undue influence, or that the will was forged.

Children born after a Will is made Vs. Unknown Child to Testator

Pretemittered child - Children born after the Will

Testator executed a will leaving his entire estate to Brother. Thereafter, Testator had two children.  After Testator’s death, his two children claimed that they were pretermitted and thus each entitled to half of Testator’s estate under Probate Code . The trial court granted a summary judgment rejecting the children’s claim.  The court found that even if the children were pretermitted, they were otherwise provided for and thus precluded from sharing in the estate. The children appealed.

The appellate court determined that the summary judgment holding was improper. The court then examined whether one or both of the children were “otherwise provide for” so they could not take even if they were determined to be pretermitted.

The court examined three possible ways in which Testator provided for his children.

• Testator paid social security taxes which allowed his children to receiving death benefits. Rejecting the reasoning in Estate of Gorski v. Welch, 993 S.W.2d 298 (Tex. App.—San Antonio 1999, pet. denied), the court held that Testator did not voluntarily supply the social security death benefits because they are a product of federal law which mandates the payment of social security taxes.

• Second, the court rejected the argument that Testator’s court-ordered child support obligations was sufficient to show that he had provided for his children. The support order was rendered by default and the obligation ended upon Testator’s death unlike the order in Gorski which was entered by consent and continued after the testator’s death.

• Third, the court agreed that Son was indeed otherwise provided for because Testator named him as a contingent beneficiary on one of his life insurance policies. The court rejected Son’s argument that a contingent disposition is insufficient because Probate code states that the disposition may be “vested or contingent.”

Take away: A court will be unlikely to determine that a pretermitted child was "otherwise" provided for unless it is clear that the testator made provisions for the child after the testator’s death and that the omission from the will was not because of oversight or mistake.

What if the child was unknown to the testator? The answer on how the court will treat this is UNKNOWN!

Handwritten changes to Wills done by decedent

Testamentary Intent

Testator handwrote a statement on an existing Will in which he indicated that he was divorced and that his prior will still exists. The trial court granted summary judgment that this holographic material was a valid codicil and acted to republish the will.

The appellate court reversed. The court determined that fact issues exist regarding whether Testator had testamentary intent when he placed the handwritten statement on the bottom of his attested will and thus summary judgment was improper.  The court explained that there are two interpretations of Testator’s words: (1) a mere recitation of facts that he is divorced had has not revoked his will and (2) a statement that he reviewed his prior will with his divorces in mind and that his prior will still states his property disposition desires. Because both interpretations are reasonable, the trial court erred in issuing a summary judgment.

take away: Attorneys should advise clients not to make changes to their existing wills on their own nor prepare their own holographic testamentary documents because the clients may be effective