On occasion, a Will offered for probate does not reflect the true wishes of the person and the probate of that Will may be contested. The state of Texas wants to be sure the wishes of the testator (the person who wrote the will) are followed, but certain circumstances may show the Will is not valid. Will contests are frequently difficult and costly, and strong evidence will need to show the Will is not valid. How to Begin a Will Contest: Filing the Petition and Standing The first step in contesting the will is to file a petition in probate court after the will has been admitted. You … [Read more...]
How Do I Contest a Will?
Contesting a will involves overcoming challenging legal burdens and difficult and long-standing family discord. The law limits who can contest the will and the circumstances under which the will can be deemed invalid. At Springer & Lyle, we understand these emotional difficulties and work with you to be sure contesting the will is in your best interest. Only an “Interested Person” Can Contest a Will According to Texas law, only an interested person may contest the terms of the will. An interested person is generally one who is an heir, … [Read more...]
Will Contests
Will contests don’t just happen in soap operas and movies. They occur when a person files legal documents with the court asking it to deny the admission of the will into probate, and stop the distribution of a decedent’s estate. Springer & Lyle not only drafts wills and trusts for clients, but we also represent parties in litigation if a will is contested. Many lawyers that practice in probate just don’t have the litigation and trial skills to do that. Some common grounds for will contests follow. Unsound Mind The testator is the person who either drafted the will or had it … [Read more...]
