What You Need To Know About Contesting a Will In Texas And Your Chances Of Actually Winning
Bobby, a Dallas resident, recently lost his elderly father after he endured a severe illness. Bobby’s father had been sick for a while, so he had planned ahead and had a will drawn up by an estate planning lawyer months before he passed. Bobby and his father had many meetings with this lawyer and knew that he was named the estate’s executor and was to inherit half of the estate along with his step-mother, who was to inherit the other half.
However, following his father’s death, his step-mother suddenly produces a hand-written will that she claims her husband composed and signed on his deathbed. She and Bobby are no longer to each get 50% of the estate; Bobby’s step-mother will inherit 100% of the estate. Bobby is shocked, and doesn’t know why his father would suddenly change his wishes – but something about this doesn’t feel right.
While Bobby’s story is entirely fictional, many real-life individuals have experienced similar situations in the wake of a loved one’s death. When family members disagree on the validity of a deceased loved one’s will, it can lead to a legal process called a will contest. In this blog, you’ll learn what will contests are, when they are possible, who they are for, and how they work. All of this information will help you to determine what your chances of winning are if you’re considering contesting a loved one’s will.
What You Need To Know About Wills
First, there are several different types of wills. Depending on the type of will, there may be special provisions which are unique to that individual’s wishes. However, most wills contain:
- The testator’s basic personal information
- A named executor
- The preferred guardians for any minor children
- A list of assets, investments, and property
- A list of named beneficiaries
- Signatures from the testator, witnesses, or notary official
Unfortunately, having a will does not prevent a person’s estate from going through the probate process. This means that a court must verify that the will is valid before any assets or property can be distributed to their heirs.
Grounds For Contesting A Will
There are 4 main reasons why someone might contest – or challenge the validity – of a will. For example:
- Lack of testamentary capacity – this refers to the individual’s legal ability to create or make changes to a valid will. In other words, the suspicion that they didn’t understand what was happening at the time. Whether this is due to advanced age, illness, or the influence of a specific medicine they may have been prescribed, if they weren’t fully aware of their actions, then the validity of the will may come into question.
- Undue influence – this refers to someone who influences the individual to change or make a certain decision through pressure, manipulation, or coercion. Attempting to prove this is rather tricky, as the contestant must have evidence that the will would have been different without this interference.
- Due execution – this refers to the requirements by the state of Texas for a will to be valid. The will must be in writing and available as a physical copy (i.e., not verbal), signed by the deceased individual, and signed by two credible witnesses who are over the age of 14 and who signed with their own handwriting in the presence of the creator. If a will is missing one of these requirements, then it has not been executed properly and has grounds to be contested.
- Fraud or forgery – this refers to a will believed to be faked, forged, or tampered with in some way.
Who Can Contest A Will?
Not just anyone reading the obituaries can decide to contest a deceased person’s will. The state of Texas dictates that only an “interested person” may contest a will. Interested persons are people or entities who have a right or claim to the estate in some way. For example, spouses, heirs (those related by blood, marriage, or adoption who would inherit if their relative died with no will), and others named in the will who may be more distant relatives. Interested persons who wish to contest a will have two years from the date the estate enters probate to formally contest it.
What Happens After Someone Formally Contests A Will?
Choosing to file a formal lawsuit and contest a will is a hefty legal undertaking. You will need the guidance of a highly experienced attorney who is knowledgeable of Texas probate law to help you navigate court litigation. Once your attorney files the initial petition, they will begin to negotiate on your behalf in mediation sessions, present compelling arguments to effectively persuade the judge or jury, and advocate for your interests. It may be necessary to submit evidence, interview witnesses, or bring in experts. The burden is ultimately on you to prove you have a valid reason for contesting the will.
Chances Of Winning A Will Contest
Like all legal cases, the chance of being declared the winner usually depends on the strength of the evidence. Your claim needs to be incredibly strong and well-supported to have a chance at successfully contesting a will. You should be sure that the evidence you believe proves your claim is sufficient and that you and your attorney are going into this battle confidently. You should prepare for your background to be put under a microscope; the court or judge will know if your loved one had a valid reason to disinherit you. They will also likely bring up your past with them: did you have a good relationship, or a rocky one? How often did you visit? Call?
Overall, before taking any legal action, you should consider if the value of the inheritance you would receive by winning the case is worth what you spend in time and legal fees. If the value isn’t significantly greater, it is probably not worth contesting the will.
Call The Villegas Law Firm And Let Us Help You Navigate The Legal System
If you feel like you have a strong case for contesting a loved one’s will, call our firm today and let us review your evidence and documentation. Our lead attorney, Jorge Villegas, has over 15 years of legal experience and is well-practiced with Texas probate law. We pride ourselves on going the extra mile for our clients and providing the highest quality of service. Call today for a free consultation!