What is Involved in Contesting a Texas Will?

 Posted on October 17, 2024 in Wills and Trusts

Across the United States, between 0.5 and 3 percent of wills are contested. Of those contested wills, a little more than a third are successfully partially or fully overturned. Two of the most notable cases of a will contest in the U.S. include the estate of legendary guitarist Jimi Hendrix, which resulted in decades of litigation between family members, and the legal battle between Anna Nicole Smith and the son of J. Howard Marshall over an estate worth $1.6 billion.

While will contests during probate are not particularly common, they are often unexpected to those who were named as heirs in a will. Whether you are dealing with a challenge to the will of a loved one that could threaten your own inheritance or you want to contest a will, you can get assistance from an experienced Parker County, TX, probate attorney.

Who Can Contest a Will in Texas?

Only those with "standing" can contest a will or estate in Texas. This includes basically anyone with an interest in the will or the estate, such as:

• The heirs or beneficiaries of the testator who believe they are entitled to a larger share of the estate than what is provided for in the will.

• Beneficiaries who were excluded from the will.

• Beneficiaries from a previous will if they believe the new will altered their inheritance over the previous will.

• A personal representative or executor of the estate who believes the will is not valid.

• A guardian or conservator of the testator’s estate if he or she believes the testator was not mentally capable of making a will.

• Parties who hold a legal interest in the testator’s property that is passing through probate.

Generally speaking, if you were not included in the current will and would not have received anything even if the person died without a will, you are unlikely to have standing to challenge a Texas will.  

What Are the Most Common Reasons for Contesting a Will?

There are a number of legal grounds under which a will can be contested in Texas. Some of these include:

• You do not believe the testator (person making the will) had the necessary mental capacity to make or amend his or her will. Testators must be of sound mind, including understanding the nature of a will, the extent of his or her property, and recognizing likely beneficiaries.

• You believe the testator suffered undue influence. Undue influence is a serious concern that can raise questions regarding a will’s authenticity. If the testator was under undue duress or persuasion to make decisions that drastically altered the terms of the will, this may be grounds to challenge the will.

• You believe the will is not valid due to improper execution.

• You believe some or all of the will was a product of fraud or forgery.

• The statute of limitations has passed, which in Texas is two years from the date the will was admitted to probate.

How is a Will Challenged in Texas?

Contesting a will can be done before or after it is admitted to probate. A petition must be filed with the probate court asking that it determine the will's validity. The probate court will hold a hearing to consider the testimony and evidence presented from both sides. If a will is found invalid, the estate's assets will be distributed as if there were no will. Challenging a will is a complex legal process that involves:

• Determining whether you have standing

• Obtaining a copy of the will

• Identifying your grounds for contest

• Hiring a probate lawyer

• Filing a petition

• Notifying interested parties

• Engaging in settlement talks

• Proceeding to trial when the talks are not productive.

Contact a Bosque County, TX Probate Lawyer

Because of how hard it can be to challenge a will, you need an experienced Hood County, TX probate attorney advocating on your behalf. A skilled probate attorney from The Law Offices of Rob Christian can help you determine whether you have standing and are likely to succeed with a will contest. Call 682-936-4003 to schedule your free consultation to speak to a knowledgeable estate planning attorney.