How Can I Contest a Will?

Individuals may choose to contest a will for various reasons, such as believing the will does not accurately reflect the deceased’s true intentions or suspecting foul play, like undue influence or lack of testamentary capacity. The process typically begins with determining if you have legal standing and valid grounds for the contest. Successfully contesting a will can lead to a fairer distribution of the estate, ensuring the deceased’s true wishes are honored.

If you’re considering contesting a will in Houston, Ford + Bergner, LLP is here to help. Our experienced attorneys handle will contests and are dedicated to providing legal guidance throughout the process. 

Call us today at 713-260-3926 to schedule a consultation and learn how we can assist you in this challenging legal journey.

Legal Standing to Contest a Will in Houston

In Texas, only specific individuals with legal standing can contest a will. Legal standing includes beneficiaries, heirs without wills, and parties with a legal interest in the estate’s property. These parties are often those who would benefit from a prior valid will or have a legal claim to the deceased’s property.

Grounds for Contesting

Certain situations can justify a will contest:

• Undue influence exerted over the testator
• Lack of testamentary capacity due to mental incapacity
• Fraud or deception impacting the testator’s decisions
• Improper execution of the will
• The presence of multiple conflicting wills
• Coercion by caretakers or family members
• Suspicion of forgery in the will’s creation

Undue Influence

Undue influence happens when someone pressures or manipulates the person making the will (the testator) to include terms that benefit them, rather than reflecting the testator’s true wishes. 

Proving undue influence can be challenging because direct evidence is often lacking. Instead, it requires showing signs of the testator’s vulnerability, like their emotional state or age.

Sometimes, if there was a trusted relationship (fiduciary relationship) between the testator and the influencer, the law assumes undue influence occurred, and the influencer must prove otherwise. 

Key factors in proving undue influence include the influencer’s control over the testator’s basic needs and whether the will’s terms are unexpected or unusual.

Lack of Testamentary Capacity

Lack of testamentary capacity means the person making the will (the testator) must fully understand what they are doing and the consequences of their decisions. For a will to be valid, the testator must have proper mental capacity, which includes being aware of their choices and the impact of these choices.

If the testator did not have this understanding, the will can be contested on these grounds. Testamentary capacity is crucial in determining if you have a valid reason to challenge a will based on the testator’s mental state when the will was made.

Fraud and Forgery

Fraud can make a will invalid if it involves tricking the testator into signing the will under false circumstances. In will contests, fraud refers to misleading actions that affect the testator’s decisions. Proving fraud requires strong evidence showing that the deception directly influenced the testator’s actions.

The Legal Process for Contesting a Will

Contesting a will involves several steps, including going to probate court. This process includes pre-trial motions, discovery, and mediation, which might eventually lead to a trial. Probate court is where decisions are made about whether a will is valid and how the deceased’s assets are divided.

Hire a knowledgeable will contest lawyer to help you contest a will because they can guide you through each step, represent you in probate court, and work toward a fair outcome.

Initial Meeting with a Will Contest Attorney

Consulting an experienced attorney is the first step when challenging a will in Texas to review the validity of the grounds for contesting the will. During this initial meeting, our Houston will dispute attorneys offer a wide range of services that include help with disputes between heirs in the Texas probate court. This meeting helps you understand legal standing, gather initial evidence, and plan your next steps.

Filing a Will Contest

Once evidence is collected, the next step is to formally file a lawsuit in probate court to challenge the will. This step involves submitting a legal document outlining the grounds for the contest and supporting evidence. Filing a will contest starts the formal legal process and sets the stage for the following steps.

Gathering and Presenting Evidence

Evidence for contesting a will includes witness testimonies, medical records, and relevant documents. Gathering and presenting evidence requires guidance and thorough preparation. The strength of your evidence can greatly impact the outcome of your will contest.

How Much Does It Cost to Contest a Will in Texas?

Contesting a will in Texas can be a challenging and costly process. The expenses involved can vary greatly depending on the details of the case, the lawyer’s fees, and how long the legal process takes.

Other costs may include court filing fees, payments for expert witnesses, and charges for collecting evidence, such as medical records or conducting interviews. 

Although the costs of contesting a will might seem high, it’s worth considering that the expenses could lead to a fairer distribution of the estate. 

Successfully contesting a will can ensure that the deceased’s true wishes are respected, which may result in better financial outcomes for family members.

Disclaimer: Legal costs can vary for different reasons, so it’s important to get professional legal advice for the most accurate and up-to-date information.

Timelines and Deadlines

In Texas, the opportunity to file a will contest is limited to a designated time frame. Will contests must be filed within two years of the will being probated.

Consequences of Missing Deadlines

Failing to meet statutory deadlines may permanently bar an individual from contesting the validity of a will. Missing the contest deadline results in the inability to challenge the will, regardless of the validity of the claim.

Potential Outcomes of a Will Contest

A will contest can result in various results, including complete invalidation of the will or rejection of the contesting party’s claims. Houston will contest attorneys from Ford + Bergner, LLP are prepared to find common ground or aggressively protect your rights during litigation and we can provide valuable insights during this process.

Successful Contest

If a will contest is successful, the contested will is deemed invalid. This means that the will cannot be executed as originally intended. The consequences of an invalidated will vary based on specific circumstances, and the presence of prior valid wills can also affect the outcome.

In some cases, parties may settle the distribution of the estate after a successful contest.

Unsuccessful Contest

In Texas, if a will contest is unsuccessful, the contested will still hold validity. Consequently, the probate process will proceed as originally intended. If a contest fails, the original will’s terms remain binding, and the probate process proceeds without changes.

How Ford+Bergner, LLP Can Help You

Ford+Bergner, LLP handles complex legal disputes regarding will contests. Our attorneys have successfully resolved numerous will contests, achieving favorable outcomes for our clients. Our experience extends to handling cases involving complex and contentious will contests, as well as very large estates.

Why Choose Us

When choosing an attorney for a will contest, clients should consider their experience in will contests. Less than 3% of Texas attorneys hold board certification in estate planning, highlighting the specific qualifications of those who do. Choosing Ford+Bergner, LLP means benefiting from highly qualified attorneys dedicated to handling will contests with precision and care.

Our commitment to providing exceptional legal support ensures our clients receive the best possible representation. Our experienced attorneys excel at managing the legal challenges associated with will contests, making us the ideal choice for those seeking to contest a will in Houston.

Contact Us to Contest a Will in Houston

If you’re looking to contest a will in Houston and need legal guidance, Ford + Bergner, LLP is here to assist you. Our experienced attorneys are ready to help you navigate the legal process and ensure your rights are protected. Don’t wait any longer to take action. 

Contact us today at 713-260-3926 to schedule your consultation and learn how we can support you in contesting a will effectively. Let us be your trusted partner in this important legal journey.