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.
Keith and his team were fantastic. We had heard horror stories of the probate process but our experience was fast and ...- Thomas M.
He researched my problem, consulted another expert just for a second opinion, and responded to me with the answers I needed. He is a SUPER PERSON.- Kathie
He helped my family navigate a unique probate and trust process right at the end of the year.- Previous Client
Keith is one of the finest and technically proficient lawyers I have ever met.- Jennifer
Keith is very professional and was able to settle my family dispute.- Susan
Keith would be the one attorney I hope I never set on the opposite side of the table against.- Bruce
Mr. Morris represented me in a complicated and nasty probate matter. I am a paralegal and must say that Mr. Morris is in the top .5 of the 1% of excellent lawyers.- Jennifer L.
Keith was easy to reach and had a lot of knowledge about estate planning. He helped me and my family with our wills and helped set up trusts for my kids.- Oda
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.
- 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.
- 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.
- Improperly executed. All Texas Wills must be signed by the testator and also by two witnesses.
- Revoked Will. There was more than one Will executed.
- Forged Will. If the testator’s signature is not original or it was forged.
- 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 Attorney 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.
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If you call Keith Morris, he will personally pick up the phone and handle your case with the attention it deserves.
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Keith Morris is proud to be the litigator that takes on the most complicated and difficult cases to court and getting his clients optimal results.
With over 20 years of legal experience, Keith Morris has devoted his efforts to sharpening his skills in probate, trust, and estate planning and litigation.
Contact the firm today to discuss your case during a free consultation and explore your options.