Understanding Will Contests in Texas
Texas law provides procedures for administering estates and addressing disputes that arise during probate.
A will contest may involve evidence about the circumstances surrounding the creation and execution of the will, the person’s capacity, relationships with beneficiaries, and other relevant facts.
Because probate disputes can involve important deadlines and procedural requirements, it is important to understand your legal options as early as possible.
What Is a Contested Will?
A will may be contested when someone believes it does not accurately reflect the deceased person’s wishes or that the will is not legally valid.
A will contest may involve questions about:
- Whether the will was properly executed
- Whether the person who created the will had the required mental capacity
- Whether someone exerted improper influence
- Whether fraud, coercion, or undue pressure was involved
- Whether a later will exists
- Whether the will accurately reflects the person’s wishes
- Whether the document is authentic
- Whether the person had the authority to make certain gifts
Not every disagreement about an estate results in a will contest. An attorney can help determine whether there are legal grounds to challenge a will or respond to a challenge.
Our Approach to Estate Disputes
Clear Guidance. Thoughtful Representation. A Path Forward.
Estate disputes can be emotionally challenging and legally complex. We take the time to understand your situation, review the relevant documents, identify the legal issues, and help you understand your available options. Our approach is focused on providing clear guidance while working toward a practical resolution that protects your legal interests.
Understand the Facts
We begin by learning about your family circumstances, the estate, and the documents involved.
Review the Estate Documents
We examine the will, trust documents, deeds, beneficiary designations, and other relevant records.
Identify the Legal Issues
We help determine what questions may need to be addressed and what legal options may be available.
Develop a Strategy
Based on the circumstances, we help you understand the potential paths forward and the steps involved.
Work Toward Resolution
Some disputes may be resolved through communication or negotiated agreements. Others may require formal proceedings. We help you navigate the process appropriate for your situation.
Keep You Informed
We keep you informed throughout the process, explain important developments in clear language, and help you understand what to expect as your estate dispute moves forward.
FAQS
Frequently Asked Questions
Potentially. Whether you can challenge a will depends on your relationship to the estate, your legal interest, and the circumstances surrounding the will. An attorney can evaluate whether you may have grounds to contest it.
Texas law establishes deadlines for certain probate actions, and the applicable deadline can depend on the circumstances. If you believe a will should be challenged, seeking legal advice promptly is important.
Depending on your circumstances, an estate plan may include a will, trust, power of attorney, healthcare directive, beneficiary designations, and other documents or planning strategies.
Potential grounds may include lack of testamentary capacity, improper execution, undue influence, fraud, forgery, or the existence of a later valid will.
An executor’s actions can sometimes be questioned or challenged when there are concerns about how the estate is being administered. The appropriate legal remedy depends on the circumstances.
Still Have Questions About an Estate Dispute?
You don’t have to navigate a contested will or probate dispute without guidance. Whether you are concerned about the validity of a will, an executor’s actions, inherited property, or a disagreement among beneficiaries, our Abilene attorneys can help you understand the legal issues and your options. Have questions about a contested will or estate dispute?
Call us today at (325) 309-2127 to schedule a consultation.