“Helpful and Trustworthy Attorney”
I was really sad that I even had to hire an attorney to deal with parts of my family when my dad died but he really helped me get through the process and was SO knowledgeable on everything that was going on.
On What Basis Can I Contest a Will?
According to Texas Probate Code Section 93, an interested party can legally dispute a will’s validity by filing a formal lawsuit. Under the code, an individual only has 2 years to contest a will. In this particular situation, the clock begins to run towards the statue of limitations after the will has been admitted into probate.
There are four main reasons why an interested party would want to contest a Texas will:
- Lack of testamentary capacity
- Undue Influence
- Due execution
- Other noncompliance with Texas law
“Helpful and Trustworthy Attorney”
“Ryan and team were very professional and empathetic regarding probating my sister’s estate.”
“Ryan and team were very professional and empathetic regarding probating my sister’s estate.”
They were caring and kind all the way through the process. I highly recommend them to anyone entitled to claim leftover funds from foreclosure or who need to probate an estate for a loved one. Here is a picture of myself and my lovely sister, Karen!
- Shirley H.
“After my Mom passed away and her house was foreclosed on, Ryan of Conscious Dealz helped me get the excess funds from the foreclosure.”
“After my Mom passed away and her house was foreclosed on, Ryan of Conscious Dealz helped me get the excess funds from the foreclosure.”
He told me the amount I would receive at the beginning of the process. He also told me that I would never have to step inside of a court room, which I didn’t want to due to the complex challenges of probate court. Ryan and his team worked very hard for me.
- AJ J.
“Keith and his team were fantastic.”
“Keith and his team were fantastic.”
Keith and his team were fantastic. We had heard horror stories of the probate process but our experience was fast and flawless with Keith. The loss of our loved one was very unexpected and the estate was complicated. Considering the circumstances I can honestly say it couldn’t have gone any better. I have already recommended Keith to others and will continue to.
- Thomas M.
“Thank you, Keith, I truly appreciate you.”
“Thank you, Keith, I truly appreciate you.”
He researched my problem, consulted another expert just for a second opinion, and responded to me with the answers I needed. He is a SUPER PERSON.
- Kathie
“He was responsive and found the right resources for us.”
“He was responsive and found the right resources for us.”
He helped my family navigate a unique probate and trust process right at the end of the year.
- Previous Client
“He is aggressive in court room while remaining respectful and compassionate to other lawyers and his clients.”
“He is aggressive in court room while remaining respectful and compassionate to other lawyers and his clients.”
Keith is one of the finest and technically proficient lawyers I have ever met.
- Jennifer
“Whenever I had a question or concern, all I had to do was call or email Keith.”
“Whenever I had a question or concern, all I had to do was call or email Keith.”
Keith is very professional and was able to settle my family dispute.
- Susan
Lack of Testamentary Capacity
Testamentary capacity is the legal term describing a person’s legal ability to make or alter a valid will. Testamentary capacity becomes an issue when someone claims that the testator – the person who made the will – did not understand what was happening.
Examples of this include:
- The testator did not understand they were signing a will
- No comprehension of what property is being willed away
- No comprehension of who is receiving the property
Undue Influence
Undue influence is exactly as it sounds – someone placing influence on the will maker and inappropriately swaying the decisions of the will maker. Undue influence is tested by examining if the testator made a will different than they normally would have. Undue influence in estate planning can be difficult to prove because the will maker is often unavailable to be in court answering questions concerning influences during the will-making process.
Due Execution
Execution of a will takes place when the creator signs the document. There are specific steps and formalities that must occur under Texas law. If these are not followed, lack of due execution is a reason to contest a will in Texas. Lack of a witness or a missing signature are examples of missed steps in the will execution process.
Other Noncompliance Issues
Wills can be complex legal documents. The depth of the assets can further complicate a will, along with the number of heirs and size of the assets. There are many intricacies to a will in Texas, and an experienced legal team can dissect a will for all the proper legal characteristics.
Understanding the Costs of Contesting a Will in Texas
Contesting a will in Texas involves several potential costs, which can vary significantly based on specific circumstances. Here’s a detailed look at what you might expect:
Legal Fees:
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Hourly Rates: Many attorneys charge by the hour for will contest cases. This rate can differ widely depending on the law firm’s experience and reputation.
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Contingency Fees: Some lawyers offer to handle cases on a contingency fee basis. This means you only pay if you win the case, typically by giving a percentage of the recovered amount.
Court Costs:
- Filing Fees: Expect to pay fees to the court when you file your contest. These fees are usually mandatory and can vary by county.
- Expert Witnesses: In some cases, it may be necessary to hire expert witnesses, such as forensic accountants or handwriting experts, to strengthen your case.
Additional Expenses:
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Research and Investigation: Gathering evidence to support your claim might involve subpoenaing records, which can incur additional costs.
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Mediator Fees: If the case goes to mediation, you may need to share the cost of the mediator.
Before proceeding, it’s advisable to contact a legal professional to discuss the specifics of your case. This conversation can help you gain a clearer understanding of potential costs, tailored to your situation, allowing for informed financial planning.
Get Help To Contest A Will
When you need to contest a will in Texas, it is best that the interested party use the services of a Houston probate litigation attorney. These types of legal proceedings require an extensive amount of evidence and arguments. With the aid of a Houston probate attorney, the interested party will be able to show that they have the right to sue and have a valid reason for contesting the will.
An individual that decides to contest will likely meet a large amount of friction from other heirs. This is why it is important that a Houston probate attorney be used to protect and fight for the legal rights of the interested party.
To discuss your probate questions, please call Your Texas Probate Attorneys, Attorneys at Law at (346) 384-8768 in Houston and (817) 532-6797 in Fort Worth or fill out the online form.
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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 Your Texas Probate Attorneys.
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