Probate Litigation Attorneys Providing Guidance During The Hardest Moments
When a person dies without an estate plan, there are two ways things could go. On the one hand, a family could come to an agreement on the estate and work with the probate court to administer the estate and move on. On the other hand, old family arguments could rear their heads again and turn this difficult moment into a nightmare.
At Yale, Weaver & Phillips in Denton, Texas, our attorneys have over 25 years of experience in confronting the nastiest kinds of family arguments. An unplanned estate leaves open wounds that, if not confronted, can dissolve into family-breaking crises. When you find yourself embroiled in a fight like this, know that our lawyers are with you to bring the fight to an end in your favor.
Why Would A Will Be Contested?
Even with a proper estate plan in place, there is still a chance that a fight could break out. A will that was not crafted properly may not stand up in court, and that leaves an open avenue for attack. These fights are ugly, and they do not end quickly.
Disappointment alone is not enough to challenge a will in Texas. The person bringing the contest must prove a recognized legal ground, such as:
- Lack of testamentary capacity: The person did not understand what the will did, what they owned or who their family members were.
- Undue influence: Someone in a position of trust, often a caregiver or relative, pressured the person into a will they would not otherwise have made.
- Improper execution: The will lacks required formalities, such as the signatures of two witnesses at least 14 years old on a typed will.
- Fraud or forgery: The person was deceived about what the document said, or someone else signed it.
- Revocation: The person canceled the will by signing a later one or by intentionally destroying it.
We represent clients on both sides, whether you are defending a will written in good faith or objecting to one you believe was coerced from an elderly relative.
Questions Denton County Families Ask About Will Contests
Families across North Texas often ask us these questions when a will dispute begins.
How long do you have to contest a will in Texas?
In most cases, you have two years after the will is admitted to probate to file a contest. Forgery or other fraud may extend that period to two years from discovery. Prompt action protects your options.
What happens during a Texas probate dispute, and how does a lawyer help?
Most disputes move through discovery, where each side gathers medical records and witness testimony, and many Texas probate courts order mediation before trial. Your lawyer builds the evidence, meets deadlines and represents you at mediation and trial. Our attorneys know the local rules of the Denton County Probate Court and how contested cases move through the courts in neighboring Wise County.
What happens if a will has a “no-contest” clause?
A no-contest clause, also called a forfeiture clause, takes away the inheritance of a beneficiary who challenges the will. Texas courts generally will not enforce it if the challenge was brought in good faith and with just cause. We review that risk with you before anything is filed.
Get Help Today
Being stuck in the middle of a probate dispute, whether it is a contested will or an estate with no plan at all, is a crushing thing to go through. You want to have a team of lawyers who have the strength and creativity to face your situation head on. Contact us today to schedule a consultation either by email or by calling 940-222-8025.