Contesting a Will in Texas

Would You Like to Oppose or Protect the Details of a Will?

Unfortunately, probating a last will and testament is oftentimes a very emotional situation that has the potential to cause problems in the family. Contesting a will in Texas usually occurs when a member of the family is not satisfied with the way the will was written or executed. One person could have received property that another wanted, or it could be that a relative or close friend was left out entirely.

In the state of Texas, contesting a will must be done within two years after the original probate, and no matter which side of the will you find yourself on, a legal representative is needed to direct and guide you through the process.

The person contesting a will must prove that the will is invalid or that there is something wrong with it. There are several ways that a will can be determined to be invalid.

1. Lack of capacity. This would mean that the testator must be found incompetent when they wrote the will. The testator had to understand what a will is, knowing what money and property was theirs and who they wanted to benefit. Medical records would undoubtedly be necessary.
2. Undue influence. This would be a situation where another person heavily influenced the writing and signing of the will, such as an ex-wife or stepchild.
3. Improperly executed. All Texas wills must be signed by the testator and also by two witnesses.
4. Revoked will. There was more than one will executed.
5. Forged will. If the testator’s signature is not original or it was forged.
6. Mistake or fraud. This would include the testator signing the will under the impression that it was another document, or they were not clear of the provisions that were stated.

Many people contesting a will in Texas never get to court because mediation is the suggested course of action for determining conflict with Texas probate. In many instances, the case does not get to the mediator either, as it is settled outside of court between attorneys and family. Attorneys often encourage the person contesting a will in Texas to settle outside of the legal perimeters because it is easier on the family.

 How Long Do You Have to Contest a Will in Texas

In Texas, the law allows individuals two years from the date a will is admitted to probate to file a contest. This period is critical, as missing the deadline can result in losing your right to challenge the will.

An experienced attorney plays a crucial role in guiding you through this process, which may involve:

Litigating the case: If mediation is unsuccessful, your attorney will represent your interests in court, presenting a compelling case to challenge or defend the will.

Filing a formal contest: Your attorney will draft and file the necessary legal documents to initiate the contest.

Gathering evidence: This may include medical records, witness statements, or expert testimony to support your claims.

Navigating mediation: Many will contests in Texas are resolved through mediation rather than court trials. This approach helps preserve family relationships and reduces the financial and emotional strain of litigation.

How Proactive Communication with Beneficiaries Can Prevent Litigation

It’s no secret—open lines of communication can be a trustee’s best asset. Taking an early, transparent approach with beneficiaries often makes the difference between a smooth administration and a drawn-out, expensive court battle. When questions or concerns arise, addressing them head-on—rather than letting them simmer—helps manage expectations and diminish the potential for misunderstandings.

Think of it as damage control before there’s even damage. Beneficiaries who feel informed and respected are less likely to suspect wrongdoing or seek outside help. This in turn shields trustees from avoidable accusations and the stress of litigation. Even the most well-meaning trustee can fall into trouble if emotional responses override good sense—especially when gratitude from beneficiaries seems woefully lacking.

By working collaboratively and staying level-headed, trustees reduce the risk that disputes will escalate. In short, treating beneficiaries as partners rather than obstacles isn’t just a courtesy—it’s a smart legal strategy that keeps matters out of the courtroom and everyone’s blood pressure in check.

When Should a Trustee Step Aside?

Trustees sometimes find themselves in situations where their role is formally contested or their continued involvement in a case is challenged. While it’s generally the trustee’s duty to defend or represent the trust, unique circumstances might call for a different approach.

It’s not uncommon for a trustee to consider stepping aside—this could be due to potential conflicts of interest, challenges to the trustee’s impartiality, or even health-related issues affecting their ability to serve. In these scenarios, Texas law allows a beneficiary or another suitable party to step in and represent the trust’s interests, ensuring that the trust itself is not left without effective representation.

Before making any decision to withdraw, a trustee should:

• Review the trust documents and all relevant legal paperwork thoroughly.
• Consult with experienced counsel to evaluate the potential risks and benefits, both for the trust and personally.
• Consider the wishes of beneficiaries and whether their continued involvement would truly serve the trust’s intent.
• Assess potential conflicts of interest or matters that might compromise their ability to remain impartial.

Competent legal guidance is key—stepping aside isn’t always the right answer, and the consequences can be significant for both trustees and beneficiaries. If you are a trustee facing these questions, it’s essential to seek advice early, weigh all factors carefully, and ensure your actions are in the trust’s—and the beneficiaries’—best interest.

Evaluating the Validity and Meaning of a Trust

When it comes to trust litigation, the process starts with a thorough review of the trust document itself—every paragraph, signature, and clause deserves scrutiny. This involves comparing the trust in question with any other related documents that might influence its legitimacy or clarify its intent. If someone challenges a trust’s validity, we dive deep to verify whether legal requirements were met when the trust was created (think: proper signatures, witnesses, and capacity of the grantor).

Interpreting a trust’s terms often turns into a question of what the person who created the trust actually intended. That means examining the exact language used, the surrounding circumstances, and—if needed—asking the court to weigh in on how certain provisions should be applied. Sometimes, trustees face tough decisions about whether to continue serving when disputes arise. That’s where experienced guidance helps assess options and develop a strategy to reach a resolution that makes sense for everyone involved.

If you need assistance with contesting a will or other probate information, call Your Texas Probate Attorneys at (346) 384-8768 in Houston and (817) 532-6797 in Fort Worth to schedule a consultation.