Creating a will helps make sure a person’s wishes for their property are honoured after they pass away. However, when someone disputes a will, it can cause stress and financial issues for everyone involved. Understanding how contested wills work in Texas is important if you’re involved in this legal case. This guide explains the basics of contested wills, common reasons for disputes, and key things to know under Texas law.
What Does Contesting a Will Mean?
Contesting a will happens when someone challenges whether a will is valid during the probate process, which is when the court handles the distribution of a person’s property.
Who Can Contest a Will in Texas?
Only people with a connection to the will, called “interested parties,” can challenge it. These include:
- People who could inherit from the contested will or an earlier version.
- Those who would inherit if there was no will.
This usually means close family members, like spouses or children, but can include others depending on the situation.
Common Reasons for Contesting a Will
Some common reasons a will might be contested in Texas include:
- Lack of Mental Capacity
If the person who made the will didn’t fully understand what they were doing at the time (such as not knowing the extent of their property or who their beneficiaries were), someone might contest it. - Undue Influence
This means someone pressured the person making the will to create it in a way that doesn’t reflect their true wishes. - Fraud
This could involve tricking the person into signing a will or altering the will without their knowledge. - Improper Execution
Texas law has specific rules for making a valid will, like having the will signed in front of two witnesses over 14 years old. If these rules aren’t followed, the will could be invalid.
How to Contest a Will in Texas
If you decide to contest a will, you must act quickly. In most cases, you have two years from when the will is filed with the court. There are some exceptions, like discovering fraud later or if you were a minor when the will was filed.
Steps to contesting a will include:
- Filing a Petition: Submitting paperwork to the probate court explaining why you’re contesting the will.
- Gathering Evidence: Collecting proof like medical records or testimony to support your case.
- Court Hearings: Both sides present their evidence in front of a judge.
- Decision: The court will decide if the will is valid. If it’s not, an earlier will may be used or the state’s inheritance laws might apply.
Important Things to Know
- Mediation: To avoid long court battles, mediation is often recommended to help everyone come to an agreement.
- Executor’s Role: The executor of the will must defend it but should stay neutral and handle disputes fairly.
- Legal Help: Because contesting a will is complicated, having a probate lawyer experienced in Texas law can be very helpful.
Conclusion
Disputing a will in Texas can be complex and stressful. Understanding the rules, deadlines, and process is key. A skilled attorney can guide you through each step and help protect your interests during this difficult time. Getting expert legal advice is important if you have questions about contesting a will or the probate process.