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Protecting Your Legacy

Handwritten will leads to probate litigation

by | May 17, 2018 | Probate Litigation |

In Texas and elsewhere, obtaining an unexpected inheritance can often make anyone feel a sense of joy and excitement. However, before assets can be distributed, a will must be validated and the probate process needs to take place. Unfortunately, during the legal proceedings, conflicts could arise that lead to probate litigation.

It was recently reported that the nephew of a recently deceased man is challenging the contents of a handwritten will. Apparently, the will indicates that the decedent’s $4.2 million apartment and other assets should go to the doorman at his apartment building and other members of the building’s staff. The staff members believe that the wishes expressed in the man’s will are his true intentions as he cared about the staff and they cared about him.

The man’s nephew believes that he should be entitled to the assets, including stocks and a bank CD worth $3.2 million. His legal representation argued that a handwritten will does not meet the stipulations of a legally binding document under state law, and a judge agreed. However, the doorman stated that he will continue to take legal action in efforts to carry out the deceased man’s true wishes.

Probate litigation may be necessary when there is a question of a person’s true intentions when it comes to the details of a will. If Texas residents feel that they may need to take such action to ensure that the proper actions are carried out with a loved one’s estate, they may wish to find out more information on this type of legal action. Consulting with experienced attorneys could help concerned individuals gain insight into their cases.

Source: abc7ny.com, “Manhattan man leaves fortune to building workers, but nephew says he is rightful heir“, Joe Torres, May 9, 2018