If you are seeking to challenge your loved one’s will because you believe that it is improper, there are professional resources readily available to help guide you through this complex process. Under Texas state law, you have two years from the time of the will’s admittance to the probate court to formally contest it. You are also not entitled to challenge a will just because you think it is unfair or you disagree with it.
In the state of Texas, the following are the four most common grounds for which you may have the right to challenge a will:
Finally, you have the right to challenge a will if you believe it lacks authenticity due to it being fraudulent or forged.
With all the potential intricacies and legalities involved in the process of contesting a will combined with the limited timeframe to act, you owe it to yourself to take advantage of the support and assistance from an experienced attorney. A savvy attorney can answer all of your questions and concerns, thoroughly analyze the unique circumstances of your case and increase the odds of achieving your desired outcome.
]]>First, you should know that any entity exercising eminent domain is required to provide you with a copy of the Landowner’s Bill of Rights. This bill includes information on how one can use the property and who has the authority to condemn it. You must receive proper compensation for your condemned property, and it can only be for public use.
The entity that wishes to condemn your property must give you a copy of an appraisal from a certified appraiser. If you feel that the appraiser’s estimate is too low, you may get your own appraisal in an attempt to have your property fairly valued. If there is a difference in the appraisals, you may have to plead your case in court.
The entity that wishes to exercise eminent domain on your property must first make a legitimate offer to buy your property before filing for condemnation. If you refuse the offer, you can present your case in court with evidence to support your claims. You have a right to a hearing before the condemnation is complete.
The hearing will allow you to speak in front of a panel of three commissioners. They will consider the evidence presented and determine the proper compensation amount. They may also award you compensation for a reduction in the value of the rest of your property when appropriate. If you are unhappy with any part of the process, you can request a hearing in front of a judge or jury. If you believe you did not receive fair treatment according to the law, you may appeal that decision.
Facing eminent domain condemnation can be intimidating for a landowner. You should be aware of your rights and understand Texas laws surrounding the condemnation of private property by a government or other entity. You have the right to work with an attorney so that you have legal representation backing you up and helping you make decisions and negotiate terms when needed.
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