Will Contests & Defense of Wills

When you need to challenge the details of a will, it's important to consult an experienced probate attorney. Get in touch with Keith Morris Attorney at Law today by calling (713) 636-5339 in Houston and (817) 442-2048 in Fort Worth .

“Keith and his team were fantastic.”

- Thomas M.

Contesting a Will in Texas

Would You Like to Oppose or Protect the Details of a Will?

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 they 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 Attorney at Law at (713) 636-5339 in Houston and (817) 442-2048 in Fort Worth to schedule a consultation.

Success that Speaks for Itself

Case Results
  • Evidentiary Hearing Hearing Won

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

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

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

  • Estate Administration & Division of Assets Dispute Resolved

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

  • Probate Case Successful Verdict

    Obtained verdict for daughter that reunited with her father after being estranged and offered will for probate but was contested by her sister.

  • Multi-Million Dollar Trust Dispute Won Summary Judgment

    Won summary judgment for prominent South Texas family in multi-million-dollar trust dispute over real property.

  • Multi-Million Dollar International Estate Settlement Reached

    Successfully negotiated settlement between surviving spouse and foreign advisers in multi-million dollar international estate.

  • Estate Administration Case Dispute Resolved

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

  • Guardianship Case Case Won

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

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Why Choose Keith Morris, Attorney at Law?

  • Personalized Attention

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  • Free Consultations

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  • Aggressive Litigator

    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.

  • Extensive Experience

    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.

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