logo
logo
Sign in

How Do I Contest a Will in Texas?

avatar
Kreig LLC
How Do I Contest a Will in Texas?

After the death of a loved one, the last thing you want to deal with is legal paperwork and court battles. But if you feel like you have been wrongfully left out of a will, or if you think the will is not valid, you may have no choice but to contest it. The process of contesting a will can be long and difficult, but it is not impossible. In this blog post, we will walk you through the basics of how to contest a will in Texas. We will also provide some tips on what to do if you find yourself in this situation.

What are the grounds for contesting a will in Texas?

If you contest a will in Texas, the court will consider whether the will was validly executed and whether the testator had the requisite mental capacity to execute the will. The court will also consider whether there was any undue influence or fraud involved in the execution of the will.

If you believe that the will was not validly executed, you can contest it on the grounds that the testator did not have the mental capacity to understand what they were doing when they executed the will. To be considered mentally competent to execute a will, a person must generally understand the nature and extent of their property, know who their natural heirs are, and understand what they are doing when they sign a will.

If you believe that there was undue influence or fraud involved in the execution of the will, you can contest it on those grounds as well. Undue influence occurs when someone uses coercion or persuasion to convince a testator to sign a will that is not in their best interests. Fraud occurs when someone makes material misrepresentations to a testator in order to convince them to sign a will.

How long does it take to contest a will in Texas?

It can take anywhere from a few months to a few years to contest a will in Texas, depending on the complexity of the case and the number of parties involved. The first step is to file a petition with the court, which will then set a hearing date. The hearing will be held before a judge, who will decide whether or not to allow the contest. If the judge decides to allow the contest, it will then go to trial.

Does contesting a will go to court?

In order to contest a will in Texas, you must first file a document called a “Petition to Contests Will” with the court. This document must be filed within two years of the date of the decedent’s death. Once the petition is filed, the court will set a hearing date and notify all interested parties of the time and place of the hearing.


Read more at: https://san-antonio-probate.com/how-do-i-contest-a-will-in-texas/

collect
0
avatar
Kreig LLC
guide
Zupyak is the world’s largest content marketing community, with over 400 000 members and 3 million articles. Explore and get your content discovered.
Read more