Disputes over wills and estates often arise during emotionally difficult times. A loved one passes away, and questions follow. Questions about the will, the distribution of assets, or even whether the person who passed really meant for things to play out the way the will says. These concerns are common, and under the right circumstances, a will or probate can be challenged. But these challenges require legal grounds, strong evidence, and an understanding of Texas probate law.
Contesting a will or probate is possible in certain circumstances. While it may seem like an easy option to challenge the validity of a will, this is never advised unless there are significant reasons to do so. A will can be contested if enough legal evidence proves its validity. This frequently only occurs when the heirs are unhappy with what they have been given in the will or don’t think certain assets should go to who they believe they should go to. If any of this is true, then contesting a will may be an option worth looking into further. Whether you’re the one considering contesting a will or you’re facing someone else’s challenge to an estate, it’s important to know what the process involves and how to protect your own rights in the process.
When Can a Will or Probate Be Contested (And By Whom)?
Not everyone has the legal right to challenge a will or probate. Only those with standing, such as heirs, beneficiaries named in a prior will, or individuals who would inherit under Texas intestacy laws, can file to contest the will or probate.
Timing also matters. In Texas, there is a limited timeframe to file a will contest. If the will has already been admitted to probate, the window typically closes two years later. However, earlier deadlines may apply in certain cases. You’ll need a professional probate attorney to contest a will, and it has to be contested within 6 months after the death of the person. Otherwise, it can no longer be done legally. Once this deadline is up, it no longer works in your favor to contest a will or probate.
Once a challenge is filed, the court may put the entire probate process on hold until the dispute is resolved. This pause prevents any assets from being distributed until the court determines whether the will is valid.
Common Reasons for Contestation
While not every dispute is legitimate, there are valid reasons why someone might contest a will. The potential reasons for doing this include:
- Lack of Capacity: The person who created the will (known as the testator) must have had the mental ability to understand what they were doing at the time. If cognitive impairment, dementia, or other medical issues affected their thinking, their will could be challenged. The person writing the will was not of sound mind.
- Undue Influence: If someone in a position of power, like a caregiver, family member, or close friend, pressured the testator into making changes that benefit them, the will could be set aside. A third party influenced the person writing the will.
- Fraud or Forgery: A will must be signed voluntarily and truthfully. If someone tricked the testator into signing a document without knowing its contents, or if the signature isn’t real, the court has grounds to reject the will. You believe the document was created by fraudulent means.
- Improper Execution: Texas law requires specific formalities for a will to be valid. If the will lacks the required number of witnesses or wasn’t signed properly, it may be declared invalid. There is evidence that the person didn’t willingly sign the document. The creation of the will violates state law.
- Revocation by a Newer Will: If a more recent will exists that revokes the earlier one and meets all legal requirements, the older one can be invalidated.
No matter the reason, proving your case takes more than suspicion. Documentation, witness testimony, and often medical records are necessary to persuade the court.
What Happens After Contesting Probate?
When someone contests a will or probate, the entire process slows down. Before any assets can be distributed, the court must resolve the dispute. When you contest a will or probate, everything stops until a judge settles the case, which means no money distribution can take place.
If the will is contested, it means that there must be a court hearing with those who contest the will and those who drafted it. This often involves a formal hearing where the person challenging the will presents evidence to support their claims, such as medical records, witness statements, or proof of undue influence. The judge will decide whether the case has merit and if so, they may invalidate or nullify the will altogether.
The party defending the will may present testimony from the drafting attorney, family members, or others familiar with the decedent’s wishes. As mentioned above, one major reason to contest a will or probate is suspicion of undue influence on the person who wrote it out. However, this isn’t enough evidence alone as there must be further proof, such as medical records proving that they could not make sound decisions due to health concerns when writing their last will.
Some disputes are resolved through negotiation or mediation, especially when family members prefer to avoid a trial. Others move forward in court, where a judge will decide whether the will is valid or should be set aside. If the will is declared invalid, the estate may be distributed under a previous will or according to Texas intestacy laws.
What To Do?
The best way to contest a will is by hiring an attorney who specializes in probate and wills. An attorney can also answer any questions you may have along the way and advise you on the best ways to move forward with your situation. If you lose your case, the other party would be able to claim up for legal fees, so you must be confident with your reasons for contesting the will before pursuing it. There may also be other options available depending on the circumstances of the case, which can also help decide how best to move forward.
Avoid Costly Estate Disruptions with the Right Attorney
Contesting a will can take months or even years, depending on how many parties are involved and how much evidence is needed. This can be costly and time-consuming. These disputes can drain estate assets and often create long-lasting rifts between family members. There are also costs involved, which vary depending on many factors, including where you live and how complex your case is.
Proving a will invalid or challenging the contents of a will can be difficult and stressful without assistance from a professional attorney. A professional can guide you through these matters and can represent you in court. The complicated nature of the legal process and the time constraints involved with some inheritance cases mean that hiring a qualified probate lawyer to assist you is your best option.
Whether you’re initiating a contest or responding to one, having a probate attorney who knows the local courts and legal standards in Austin, Texas, can make all the difference in protecting your interests. At Homestead Estate Lawyers, we bring deep knowledge of Texas probate law and a reputation for integrity in local courts. Elissa Henry offers probate services in Texas, including will refusal. At our law firm, our practice areas include personal injury, wills, estate planning, probate, and immigration. Contact our team to move forward with the legal representation you deserve. Get in touch with us to learn how we can help.
