Skip to Content
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
Keith Morris & Stacy Kelly, Attorneys at Law Keith Morris & Stacy Kelly, Attorneys at Law
Top

On What Basis Can I Contest a Will?

According to Texas Probate Code Section 93, an interested party can legally dispute a will’s validity by filing a formal lawsuit. Under the code, an individual only has 2 years to contest a will. In this particular situation, the clock begins to run towards the statue of limitations after the will has been admitted into probate.

There are four main reasons why an interested party would want to contest a Texas will:

  • Lack of testamentary capacity
  • Undue Influence
  • Due execution
  • Other noncompliance with Texas law
    "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

Lack of Testamentary Capacity

Testamentary capacity is the legal term describing a person’s legal ability to make or alter a valid will. Testamentary capacity becomes an issue when someone claims that the testator – the person who made the will – did not understand what was happening.

Examples of this include:

  • The testator did not understand they were signing a will
  • No comprehension of what property is being willed away
  • No comprehension of who is receiving the property

Undue Influence

Undue influence is exactly as it sounds – someone placing influence on the will maker and inappropriately swaying the decisions of the will maker. Undue influence is tested by examining if the testator made a will different than they normally would have. Undue influence in estate planning can be difficult to prove because the will maker is often unavailable to be in court answering questions concerning influences during the will-making process.

Due Execution

Execution of a will takes place when the creator signs the document. There are specific steps and formalities that must occur under Texas law. If these are not followed, lack of due execution is a reason to contest a will in Texas. Lack of a witness or a missing signature are examples of missed steps in the will execution process.

Other Noncompliance Issues

Wills can be complex legal documents. The depth of the assets can further complicate a will, along with the number of heirs and size of the assets. There are many intricacies to a will in Texas, and an experienced legal team can dissect a will for all the proper legal characteristics.

Get Help To Contest A Will

When you need to contest a will in Texas, it is best that the interested party use the services of a Houston probate litigation attorney. These types of legal proceedings require an extensive amount of evidence and arguments. With the aid of a Houston probate attorney, the interested party will be able to show that they have the right to sue and have a valid reason for contesting the will.

An individual that decides to contest will likely meet a large amount of friction from other heirs. This is why it is important that a Houston probate attorney be used to protect and fight for the legal rights of the interested party.

To discuss your probate questions, please call Keith Morris & Stacy Kelly, Attorneys at Law at (713) 636-5339in Houston and (817) 442-2048in Fort Worth or fill out the online form.

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.

Partner Up with Attorneys that Fight for You!

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