Will Challenge

Houston Lawyers  Challenge Wills on contingency

Grounds For a Will Challenges in Texas

There are many different reasons why an interested party can challenge probate of a will in Texas.  For instance, it maybe there was:

• Fraud
• Fraudulent Inducement in making the Will
• Undue Influence
• Mistake in Fact
• Improper Execution of Will signing
• Need of a Demand for Accounting
• Diminished Mental Capacity such as dementia and Alzheimer.
• (An unaccounted for child) Pretermitted Children pursuant to section 67 of the Texas Probate Code
• Divorce after a Will is drafted
• Precatory language
• Challenging an Executor or Administrator
• Removal of Executor
• Estate Accounting

The foregoing are the common legal grounds for challenging a Will in Texas.

Pursuant to Texas Estate Code, an interested party can contest a will’s validity by filing a lawsuit.  Under the Texas Estate code, an individual only has two years to challenge the will after it has been probated.  In other words, this particular situation, time begins to run after the will has been admitted into probate by the court.  Pursuant to the same probate rules, forged or fraudulent wills can only be contested within two years from its discovery of such fraud.