TexasInheritance.Com
How to contest a will in Texas
by Robert A. Ray
Be An Interested Party
Not everyone can contest a will. If you do not have a pecuniary interest in the outcome of the contest, you can’t contest a will.
Attorney Needed
Will contest are trials and require knowledge of procedure, discovery, evidence and other trial preparation.
Statute of Limitations
In general, you have two years after a will has been admitted to probate. A meritorious contest can be lost if delayed.
How to Contest a Will
We realize this can be a confusing, frustrating, and emotional process. Below, we have laid out the steps you need to take and how you can take them in order to make the process easier for you.
- You have to be an interested party.
- You need to hire an attorney to represent you.
- You have to act before the statute of limitations runs.
- Can I contest a will without an attorney?
- What happens when you contest a will?
If you try to represent yourself, bad things can happen as shown by this article:
Successful Will challenges?
If a will is successfully challenged, the court may then turn to the decedent’s previous valid will if there is one to determine what should be done with the estate.
If there was no previous valid will, or if it has been lost, then the decedent (the person whose estate the will is about) will be considered to have died intestate, or without a will.
At that point, the court will turn to laws that govern how an estate is divided when no will has been left behind.
Robert Ray
Board Certified, Personal Injury Trial Law — Texas Board of Legal Specialization. We handle cases all across Texas. Our principal office is in Lantana, Texas (DFW area).
Why Us?
Inheritance disputes involve someone who has taken advantage of the elderly. These cases are complicated and most often, but not always, involve outsiders. We represent you knowing that these inheritance disputes are private and painful family matters. We know this is a stressful time for you. We strive to obtain the quickest and best results possible so that you can get this troubling episode behind you.
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