How Can You Challenge a Will During the Probate Process in Texas?

You can contest a family member’s will during the probate process if you believe it is fraudulent or invalid. Find out how an experienced probate lawyer in San Marcos, TX can guide you through the process of challenging a will in court.

How to Challenge a Will: Advice From Your San Marcos, TX Probate Lawyer

Reasons to Contest a Will

Texas allows anyone to contest a will as long as they have a valid reason. For example, you may have a case if you believe the person who created and signed the will lacked mental capacity, was misled about its contents, did not sign it properly, or experienced undue influence.

When someone has multiple wills or changed the will with one or more codicils, confusion may exist about which one they intended as the official document. You can also contest the will if you think it was forged or altered. Dissatisfaction with the amount of an inheritance is not a valid reason to contest a will in Texas.

Starting the Process

You have two years to contest a will after the estate enters probate. After the state admits the will to probate, the court issues a public notice that includes information about how and when you can file a legal challenge. To successfully contest a will at this stage, you must have evidence to prove that it is invalid for one or more of the reasons described above.

Your attorney will file a petition with the probate court in the Texas county where your family member lived at the time of death. The petition describes your reasons for contesting the will and outlines your case. It also requests that the court take steps to remedy the stated issues with the will.

What to Expect During Discovery

In the next phase, your lawyer will gather the necessary evidence to support your case. They will arrange depositions and interrogations with witnesses who can speak to the claims in your petition. They may also hire expert witnesses depending on the nature of a case, such as a handwriting expert for a potential forgery.

At this stage, your attorney may be able to negotiate a settlement with the defendant. They can also request a summary judgment, which is a legal motion asking the court to rule on your behalf without a trial based on discovery findings. If parties cannot agree on a settlement and the court rejects the summary judgment, the case will proceed to trial.

No-Contest Clauses

Some people add no-contest clauses to their wills stating that an heir who contests the will loses their designated inheritance. The deceased person may have included this clause to prevent family disputes. In this situation, you can challenge the no-contest clause in good faith if you can show the court that you have just cause to do so.

Get support from a knowledgeable attorney when you need help challenging a family member’s will. Contact Artie Pennington Law Offices PLLC in Austin, TX today to schedule an appointment for a consultation.

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