If you’re concerned that your loved one’s wishes aren’t truly reflected in the will being used to manage their estate, you can contest the will. A probate lawyer in El Paso, TX will help you take the appropriate steps to bring a contest to the local court and make sure your loved one’s wishes are honored.
Legal Steps for Contesting a Will in El Paso, TX
Verify You Have Standing & Time
Not just anyone can contest a will. The law only allows “interested persons” to do so, and these typically are:
- Those who would inherit if no will existed
- Anyone named in the will
- Creditors of the estate
- Anyone with a contractual legal claim
An attorney can help you be sure you qualify to bring a contest and make sure you do it in time. You’ll need to bring your contest within two years of the date the estate enters probate, unless you’ve uncovered actual fraud. In that case, the two-year clock starts running from the date you uncover the fraud rather than the date the estate entered probate.
Hire a Probate Lawyer
Once you know you have standing—or if you’re not certain and need verification—it’s time to speak with a lawyer who has experience in these issues. A family law attorney in the local area will know both Texas probate law and the local courts and be able to help you build and argue effectively for why the will should be invalidated.
Determine Your Grounds
Texas law only allows you to bring a challenge if you have specific grounds for this challenge. No one can contest a will simply because they don’t like what it says or think that it is unfair. You’ll want to work closer with your lawyer to identify your grounds and get all the evidence you need to show them. Some of the grounds that the Texas probate court will accept include:
Undue Influence
With these grounds, you are arguing that the person who made the will was either pressured or manipulated into doing something they would not have done if they had truly been acting freely.
Lack of Capacity
The argument here is that the testator was not of sound mind at the time they wrote their will. You will need to be able to prove this with medical evidence, witness testimony, etc.
Fraud or Forgery
These grounds are fairly straightforward. You are arguing that the will is not real. Either it is a forgery, meaning that someone else signed it other than your loved one, or it has been fraudulently altered in some way. For example, someone may have changed a single page of the will without the testator’s knowledge.
Improper Execution
This argument is that the will is not valid because it does not follow Texas law in some way, either in the way it was written or the way it was witnessed.
Multiple Wills
Finally, this grounds argues that there’s more than one will, and it is unclear which one is valid.
Talk with us today at the Law Office of Albert Nabhan, PLLC in El Paso, TX for help in contesting a will or any other probate matter.
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