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Providing Individualized Legal Service Throughout the State of Texas with Offices in Houston and Fort Worth
Houston 713-636-5339
Fort Worth 817-442-2048

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 attorneys Keith Morris & Stacy Kelly today by calling (713) 636-5339 in Houston and (817) 442-2048 in Fort Worth .

    "Ryan & Keith genuinely care about their clients."

    Ryan McCreay genuinely cares about his clients. He patiently outlined the timeline in obtaining this overage, along with ...

    - Gerard P.
    "Ryan and team were very professional and empathetic regarding probating my sister's estate."

    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!

    - Shirley H.
    "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.

    - AJ J.
    "Keith and his team were fantastic."

    Keith and his team were fantastic. We had heard horror stories of the probate process but our experience was fast and ...

    - Thomas M.
    "Thank you, Keith, I truly appreciate you."

    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 was responsive and found the right resources for us."

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

    - Previous Client
    "He is aggressive in court room while remaining respectful and compassionate to other lawyers and his clients."

    Keith is one of the finest and technically proficient lawyers I have ever met.

    - Jennifer
    "Whenever I had a question or concern, all I had to do was call or email Keith."

    Keith is very professional and was able to settle my family dispute.

    - Susan

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.

 How Long Do You Have to Contest a Will in Texas

In Texas, you typically have two years from the date that a will is admitted into probate to contest it. This means that you must officially file a contest within this time frame if you wish to challenge the validity of the will. It's important to note that the two-year limitation refers to the date of admission into probate, not the date of the individual's death. Consulting with a qualified attorney who specializes in will contests can provide you with specific guidance and help you navigate the legal process effectively.

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

Success that Speaks for Itself

Case Results
  • Hearing Won Evidentiary Hearing

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

  • Dispute Resolved Estate Administration Case

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

  • Settlement Reached Multi-Million Dollar International Estate

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

  • Dispute Resolved Estate Administration & Division of Assets

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

  • Won Summary Judgment Multi-Million Dollar Trust Dispute

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

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.

Partner Up with Attorneys that Fight for You!

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