If you are thinking about filing an action to contest a will in Texas, it is crucial to understand the circumstances in which you have grounds to do so. Texas law only recognizes specific legal grounds for contesting a will. If you need help disputing a document, or responding to someone’s will contest, it is advisable that you speak with a Sugar Land will contest lawyer.
A seasoned attorney from Romano & Sumner can explain your legal rights and options while helping you to pursue the most favorable outcome to your case, so that you can focus on your loved one’s passing.
Texas law only allows certain parties to contest a will, namely individuals who would receive an economic benefit were the document to be validated or overturned. The individual who challenges the will must be able to provide supporting evidence that they have a viable stake in the outcome of the will contest.
Someone’s ability to contest a will is not limited to family members of the decedent alone. For example, a debt collector could have an economic stake in the administration of the decedent’s assets. Some wills have a no-contest clause. When this happens, there are limited circumstances in which a will contest can be pursued.
In any case, if someone is to contest a will, they must do so by a specific date. Once a will enters probate, any interested parties have a maximum of 24 months in which to begin a will contest. With that being said, if someone is thinking about disputing a will, it is often best to talk with a Sugar Land legal advisor to ensure they have reasonable grounds to do so and do not miss the deadline to submit their contest.
There is a wide range of reasons that may justify a contested will action. One of the most common reasons someone may contest a will is when it was not executed correctly. If a will is to be enforceable by the court, it must have been written by the decedent themselves, also known as a holographic will, or signed by the decedent before two witnesses. In situations where there is doubt that the creation of the will fits into either of these two categories, it could be possible to contest it.
Another common justification that may give rise to a viable will contest is when it can be shown that the decedent signed the will while under duress. If the individual filing the action can establish that the decedent was compelled by someone else to create their will and that they would not have executed it in the absence of compulsion, the court may hold the will to be invalid. In contested situations, an individual who is thinking about filing a will contest should consult with a local representative if they are trying to determine whether they have justifiable grounds to proceed with legal action.
A Sugar Land will contest lawyer can help you understand how to contest a will successfully. They could also evaluate an existing will and offer counsel as to whether you could be entitled to file a will contest action. Call one of the skilled attorneys from Romano & Sumner today to receive a confidential assessment of your potential case and find out more about your legal options.
Romano & Sumner, PLLC