A Will Contest in Texas can happen when the validity of a Last Will and Testament comes into question.
In Texas, a Will Contest lawsuit must be filed in the appropriate court, and there are specific requirements for who can contest a Will, the reasons for contesting a Will, and the amount of time someone has to contest a Will. The process can be an uphill battle without an experienced Probate Litigation Attorney.
Reasons For a Will Contest
A Last Will and Testament can be contested for a number of reasons. Common examples include if a Will was not properly executed, if the testator (person who made the Will) lacked the capacity to sign it, or if someone was manipulated into creating a Will by a third party. In general, there are five main reasons for a Will Contest in Texas:
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- Lack of Testamentary Capacity
- Undue Influence
- Improper Execution
- Legal Noncompliance
- Revocation
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Who Can Contest a Will?
The Texas Estate Code states that a Last Will and Testament may be contested by an “interested party.” An interested party includes:
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- Heirs (someone who is related to the creator of the Will by blood)
- Beneficiaries (someone who is named in a Will to receive assets)
- Spouses
- Creditors
- Any other person who could have an interest in the estate
How Long Do You Have to Contest a Will in Texas?
There is a statute of limitations to a Will Contest. Texas Law states that a Will Contest must be filed within two years after the Will has been submitted to a Texas Probate Court. Challenging a Will in Texas can be a complicated and emotionally charged process, often involving legal proceedings and court appearances. It is crucial to consult with a qualified Probate Litigation Attorney to help you navigate through the process.
Do you need the assistance of a Probate Litigation Attorney to help with a Will Contest in Texas?
Call our office at 214-974-8940 to speak with a member of our legal team today.