Estate Law: Contesting a Will
Do you believe that you were unknowingly or wrongfully left out of a will involving a family member's estate? Have you suspected that your loved one was incapable of legally entering into a contract at the time of signing? If yes, our Houston estate lawyers can help you determine what grounds you may have for a will contest.
You should seek the advice of a Houston estate lawyer as soon as you suspect that there is a problem with an estate in which you have an interest, as you have two years after a will has been admitted to probate to introduce a suit.
According to the Texas Probate Code, there are two exceptions to this rule that can extend this statute of limitations beyond two years. These exceptions include:
- Contests based on forgery or other fraud - must be filed within two years of discovering the issue.
- Contests brought on behalf of an incapacitated person who recovers capacity - must be filed within two years of regaining capacity.
What are the grounds for contesting a will in Texas?
Disputing the validity of a will requires that your case be heard by the Texas courts. While many law firms handle estate planning, hiring an attorney who also specializes in litigation is essential. At Nichols Law Firm in Houston, our estate lawyers specialize in family law litigation and are exceedingly adept in defending our clients' rights in trial cases. The first step in challenging an estate plan's legitimacy is defining the basis for your objections.
In Texas, there are several reasons to legally contest a will. These grounds include:
- Testamentary capacity: Lack of Mental Competency - the deceased was unable to understand the effects of their acts when making and signing the will.
- Undue Influence: Wrongful use of influence - the deceased was forced, intimidated, threatened, or deceived into executing the estate contrary to their desires.
- Fraud in the inducement: Intentional misrepresentation of facts - the deceased would not have executed the will if the true facts were known.
- Forgery: Forged documents or signatures - the deceased's signature, without their knowledge, was forged on documents that name beneficiaries to property within the estate.
If you believe you were unjustly excluded from an estate, contact our Houston estate lawyers to go over your case. Our extensive record of court room success has earned us a reputation of being one of the best family law litigation firms in Houston.
DISCLAIMER: This site and any information contained herein is intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.
