Tarrant County Will Contest

An elderly gentlemen calls the police several times because he believes his home is being attacked by robbers. Eventually, the police determine he is experiencing hallucinations and he is sent to the psychiatric ward for evaluation. He is eventually sent to an assisted living facility. His son contacts a local lawyer to draw up a will. The lawyer prepares the will and sends his staff to the nursing home to oversee the signing ceremony. The son does not let his half-sister know their father has executed the will, because the will excludes his half-sister.

Son files the will for probate in Tarrant County. Step-sister, daughter of the decedent, contacts attorney Michael Young to evaluate a potential contest. Based on his review, attorney Young believes there is valid grounds for a will contest based upon a lack of testamentary capacity and undue influence. He files a contest on behalf of the daughter, seeking to have will excluded for probate so she can share equally in the estate.

The case is litigated for nearly a year. After attorney Young took several depositions and won several discovery motions, the son’s lawyer reached out to suggest mediation. At mediation, the daughter reached a favorable settlement.