Will Contests & Defense of Wills

When you need to challenge the details of a will, it’s important to consult an experienced probate attorney. Get in touch with attorneys Keith Morris & Stacy Kelly today by calling (346) 384-8768 in Houston and (817) 532-6797 in Fort Worth .

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.

If you need assistance with contesting a will or other probate information, call Keith Morris & Stacy Kelly at (346) 384-8768 in Houston and (817) 532-6797 in Fort Worth to schedule a consultation.

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Have you lost a loved one and need to settle his or her estate? Do you need the estate administered correctly? Are you concerned that someone may be taking advantage of your relative’s death? Are you concerned about ensuring that the wishes of the deceased are honored?

If the answer to any of these questions is yes, our Texas law firm can help. We can assist you with questions related to inheritance law, will contests, guardianships, property rights, will forms, conservatorships, codicils, intestacy, and more. When you need a probate lawyer in Texas, call Keith Morris & Stacy Kelly.

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