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Fort Worth 817-442-2048

Contesting a Will

When you have an issue with the way a will was written or executed, Attorney Keith Morris is the experienced probate attorney you need at your side. Get in touch today by calling (713) 636-5339 for Houston and (817) 442-2048 for Fort Worth.

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    They were caring and kind all the way through the process. I highly recommend them to anyone entitled to claim leftover funds from foreclosure or who need to probate an estate for a loved one. Here is a picture of myself and my lovely sister, Karen!

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    "After my Mom passed away and her house was foreclosed on, Ryan of Conscious Dealz helped me get the excess funds from the foreclosure."

    He told me the amount I would receive at the beginning of the process. He also told me that I would never have to step inside of a court room, which I didn't want to due to the complex challenges of probate court. Ryan and his team worked very hard for me.

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    He helped my family navigate a unique probate and trust process right at the end of the year.

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Contesting A Will In Texas

Unfortunately, probating a Last Will and Testament is oftentimes a very emotional situation that has the potential to cause problems in the family. Contesting a Will in Texas usually occurs when a member of the family is not satisfied with the way the Will was written or executed. One person could have received property that another wanted, or it could be that a relative or close friend was left out entirely.

In the state of Texas, contesting a Will must be done within two years after the original probate, and no matter which side of the Will you find yourself on, a legal representative is needed to direct and guide you through the process.

The person contesting a Will must prove that the Will is invalid or that there is something wrong with it. There are several ways that a Will can be determined to be invalid.

  1. Lack of capacity. This would mean that the testator must be found incompetent when he or she wrote the Will. The testator had to understand what a Will is, knowing what money and property was theirs and who they wanted to benefit. Medical records would undoubtedly be necessary.
  2. Undue influence. This would be a situation where another person heavily influenced the writing and signing of the Will, such as an ex-wife or stepchild.
  3. Improperly executed. All Texas Wills must be signed by the testator and also by two witnesses.
  4. Revoked Will. There was more than one Will executed.
  5. Forged Will. If the testator’s signature is not original or it was forged.
  6. Mistake or Fraud. This would include the testator signing the Will, under the impression that it was another document or they were not clear of the provisions that were stated.

Many people contesting a Will in Texas never get to court because mediation is the suggested course of action for determining conflict with Texas probate. In many instances, the case does not get to the mediator either, as it is settled outside of court between attorneys and family. Attorneys often encourage the person contesting a will in Texas to settle outside of the legal perimeters because it is easier on the family.

If you need assistance with contesting a Will or other probate information, call Keith Morris & Stacy Kelly, Attorneys at Law at (713) 636-5339 in Houston and (817) 442-2048 in Fort Worth to schedule a consultation with a skilled probate attorney in Texas.

Success that Speaks for Itself

Case Results
  • Dispute Resolved Estate Administration & Division of Assets

    Resolved highly contentious ongoing dispute over father’s estate and division of assets between son and daughter.

  • Dispute Resolved Estate Administration Case

    Successfully resolved case between two siblings fighting over cash and personal property of their father.

  • Hearing Won Evidentiary Hearing

    Won lengthy evidentiary hearing to prove client was not in contempt of court to avoid sanction or jail time.

  • Case Won Guardianship Case

    Won trial to exclude wife to serve as guardian of gentleman she married that was at least twice her age.

  • Six-Figure Settlement Reached Multi-Million Dollar Estate Case

    Obtained six-figure settlement after jury was seated for adopted child in multi-million dollar estate case after adoption was disputed.

Why Choose Attorneys Keith Morris & Stacy Kelly?

  • Extensive Experience

    With over 40+ years of combined legal experience, Keith Morris & Stacy Kelly devoted their efforts to sharpening their skills in probate, trust, and estate planning and litigation.

  • Aggressive Litigators

    Keith Morris & Stacy Kelly are proud to be the litigators that takes on the most complicated and difficult cases to court and getting their clients optimal results.

  • Free Consultations
    Your first free case evaluation with us can be done through video conference, phone call, or an in-person meeting.
  • Personalized Attention

    If you call our firm, we will personally pick up the phone and handle your case with the attention it deserves.

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Contact the firm today to discuss your case during a free consultation and explore your options.