To challenge a Will in court in Texas, the first step is to contact schedule a free consultation with a lawyer dedicated to Wills and Probate Law. A recent article in the Dallas Morning News highlights several of the special requirements for Texas Will Contests.
The article summarizes tips and pointers from Dallas-area attorneys for contesting wills in Texas. Here are some highlights:
You can minimize the risk of a Will Contest with careful estate planning. The potential for a will contest really begins when the Last Will and Testament is created. Dedicated Wills and Probate Attorneys know how to draft wills to minimize the chance that your will will be challenged in probate court. For example, be careful in disinheriting someone.
Will Contests are more prevalent in “blended family” situations. If Dad remarries toward the end of his life and subsequently changes his Last Will, there is a greater likelihood that disgruntled children will file a will contest against the stepmom.
There are essentially three legal arguments for challenging a will. The probate lawyer you hire to challenge the will generally argues that the will-maker (the “testator” or “testatrix”) lacked testamentary capacity to make the will. In other words, the legal argument is that the will signer did not have a sound mind when the will was signed. The Will Contest Attorney may also argue that someone exercised “undue influence” over the testator. Lastly, the lawyer may argue that the Will is not valid under current Texas law.
It’s important to hire a probate attorney to challenge the will sooner rather than later. Because of legal proofs required in probate court, the sooner you contest the will, the better your chances are to succeed. If you challenge a Will in Texas before the executor has an initial probate hearing, the burden will be on the executor to show that the Will is valid. If the contestant waits to contest a last will and testament until after the executor probates the will, then the contestant will carry the burden of proof to show the Will is not valid.
Of course, this is a very short write-up for this topic. There are many, many legal considerations for your attorney based on the facts of your particular case. So, again, it’s best to contact a Wills and Probate Law attorney for a free consultation for help in your case.
Visit www.ShuttLawFirm.com for more information on how to disinherit in Texas, Contesting a Will in the Dallas area, preventing a Will Contest, Challenging a Will in Texas, or any other question about Wills or Probate Court, contact Richardson, Texas lawyer Isaac Shutt at ishutt@shuttlawfirm.com.
Shutt Law Firm’s office is conveniently located just north of Dallas, TX, near the intersection of highway 75 and Campbell Road in Richardson, TX.
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You can also call Mr. Shutt at (214) 302-8197 for more information on the topic discussed in this article or to discuss a different legal matter. For existing clients, quick phone-calls and brief e-mails are always free at Shutt Law Firm PLLC. Please consider the Shutt Law Firm if you need probate, estate administration, Will Contests, Challenge a Will in Court, or a Wills Lawyer in Dallas, Richardson, Plano, Allen, McKinney, Garland, Addison, TX or surrounding North Texas area.
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