Can I Challenge My Parents’ Will in Austin?

Not everyone who is gay or lesbian is fully accepted by their parents. They may wait until they’re older to reveal their sexual orientation to their parents. This could be because they’re afraid their parents won’t love them or treat them the same way. Or they may just know that, once they tell their mom and dad the truth, they’ll be disowned. And, for some people, this is exactly what happens. Their parents find out that they’re LGBT and their parents write them out of their will.

If this happens to you, there’s always the chance that you can contest the will. If your parents change their will when they’re older, you can always argue that they didn’t realize what they were doing. Or you may think they did it just because they were angry. If you think they made a mistake, you can contact an LGBT estate lawyer in Austin, Texas. There’s no guarantee that your challenge will be successful. In fact, it is very difficult to convince a probate judge that your mom or dad’s will should be invalidated. You’ll face an awful lot of hurdles. But this is precisely why you need to call a lawyer. This isn’t something you can handle on your own. You probably don’t know the first thing you’re supposed to do if you want to contest your parents’ will in Texas.

Here, we’ll talk about the grounds for contesting a will in Austin, Texas. We’ll also talk about the likelihood that any of these grounds will work for you. The best thing to do if you have any questions is to call and talk to an experienced LGBT probate attorney right away. They’ve handled several cases just like yours and can give you an idea of what your options are.

There are Several Grounds on Which You Can Contest a Will in Austin, Texas

If you’re a member of the LGBT community in Austin and want to contest your parent’s will, you need help. There are several grounds on which you can do this. However, it’s a very complicated process. And, there’s no guarantee it’ll work. In order to convince a judge that someone’s will should be invalidated, you need to prove one or more of the following:

  • Revocation – If you can prove that your mom or dad revoked their will before they died, there’s a chance the court will invalidate their will. For example, if you know your mom had drafted a new will, you can try to prove that to the court. You may have witnessed the will. Or you may have a copy of it in your safe.
  • Undue Influence – You may be able to show that your parents only drafted their will because someone forced them to. For example, maybe your father told your mom that she had to cut you out of the will because you’re gay. Your mother told you that she didn’t want to do this. You may even have an email, voicemail or text that proves this. Let your Austin LGBT estate attorney know if you have this kind of information.
  • Fraud or Duress – Did one of your siblings convince your parent to sign their will under fraud or duress? Maybe they told them they’d put them in a nursing home if they didn’t leave everything to them. Stranger things have happened.
  • Lack of Mental Capacity – You might be able to show that your loved one had no idea what they were doing when they signed their revised will. This can be hard to show. But if you have medical records showing that your parent was deemed incapacitated prior to the date on the will, you might be able to contest it.

Contact an Experienced LGBT Probate Attorney in Austin if You Need to Challenge a Will

It’s not easy to challenge a will. In fact, depending on the language of the will, you may not even be able to. Some wills have clauses that say anyone who does contest the will is automatically disinherited. The courts don’t look fondly on these clauses. But that doesn’t mean they can’t withstand the scrutiny of the local probate judge in Austin. You should call and talk to a skilled lawyer who can review the will and let you know if you have grounds to contest it. If you do, they can help you do that. But if they think it’ll be a waste of time, they’ll let you know. Call and set up a time to meet with one of our expert team and they can help you devise a plan that will work for you.

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