In a Texas will contest, any person interested in an estate may contest estate proceedings which includes filing a will contest.

In general a Texas will contest can be filed as a result of lack of testamentary intent, lack of testamentary capacity, the exercise of undue influence, and/or that the will was not executed with the necessary elements, or formalities, as required by Texas probate and estate law.  A “person interested in an estate” can be defined in many ways.

The following are a few common examples we encounter with a family member, friend, care worker, neighbor, or others exercising undue influence on an individual:

  • Taking control of finances
  • Receiving financial “gifts”
  • Isolation of the individual
  • Moving into the dwelling of the individual
  • Taking the individual into another dwelling
  • Obtaining a power of attorney for the individual

A Will can be contested before or after it is admitted to probate. Under Texas laws, you only have two years to file a will contest after the will has been admitted to probate. 

Lori Ashmore Peters
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Helping Dallas, Park Cities, Highland Park Texas Area Families with Estate Planning, Probate & Litigation