Introduction: When Can Probate Be Disputed in Texas?
Probate is the legal process of transferring a person’s property and assets after they die. If you are named in a will as an executor, it is your responsibility to see that the probate process goes smoothly. However, there are certain situations in which probate can be disputed. Learn more about when probate can be disputed in Texas and what you can do about it.
Process of Probating a Will in Texas
The process of probating a will in Texas is not always simple. In some cases, it can be disputed. If you are thinking about disputing a will, it is important to understand the process and what your options are.
The first step in probating a will is to file a petition with the court. The petitioner must be an heir or beneficiary of the estate. The petition must state the basis for why the will is being disputed.
Once the petition is filed, the court will set a hearing date. At the hearing, both sides will present their evidence and arguments. The court will then decide whether or not to uphold the will.
If you are thinking about disputing a will, it is important to consult with an experienced attorney. They can help you understand the process and your rights.
Can the Validity of a Will Be Contested?
In Texas, the validity of a will can be contested if there are grounds to believe that the will was not executed properly, or if there is evidence of fraud or duress. If you have reason to believe that a will is not valid, you should consult with an experienced probate attorney to discuss your options.
What Are the Grounds for Contesting a Will?
There are four primary grounds for contesting a will in Texas:
Lack of testamentary capacity.
A person must have mental capacity to execute a legally binding will. A lack of testamentary capacity can be difficult to prove, but if there is evidence that the testator was suffering from dementia or Alzheimer’s disease, or was under the influence of drugs or alcohol at the time the will was executed, this may be enough to invalidate the will.
Improper execution.
In order for a will to be valid, it must be properly signed and witnessed by two people who are not beneficiaries under the will. If there is evidence that the testator did not sign the will, or that the witnesses were not present when he or she signed it, then the will may be invalidated.
Fraud or duress.
If it can be shown that someone exerted undue influence over the testator in order to get them to include them in their estate plan, this may constitute grounds for contesting a will.
Forgery.
If someone forged the testator’s signature on a will, this may also be grounds for contesting its validity.
If you believe that a will is not valid, you should consult with an experienced wills and trusts attorney to discuss your options.
Breach of Fiduciary Duty Law
It is not uncommon for family members to dispute the terms of a will or estate after a loved one passes away. If you find yourself in this situation, you may be wondering if you can contest the probate of the estate. In Texas, there are certain grounds on which you can contest probate, one of which is breach of fiduciary duty.
If the executor of an estate has breached their fiduciary duty, it means that they have not acted in the best interests of the estate or the beneficiaries. This could include mismanaging funds, failing to properly distribute assets, or engaging in self-dealing. If you have evidence that the executor has breached their fiduciary duty, you may be able to successfully contest probate.
If you are considering contesting probate on the grounds of breach of fiduciary duty, it is important to speak with an experienced attorney who can help you navigate the process and ensure that your rights are protected.
Creditor Claim Disputes against Estate
If you are a creditor of an estate in Texas, you may be able to file a claim against the estate in order to receive payment for what is owed to you. However, there are certain times when probate can be disputed and your claim may not be valid. Here is a look at when probate can be disputed in Texas and what you can do if this happens.
If the decedent died without a will, or if the will is deemed to be invalid, then probate may be disputed by any interested party. This includes creditors of the estate. In these cases, the court will appoint an administrator to oversee the estate and determine who is entitled to receive assets from the estate.
If there is a valid will, then creditors may only file claims against the estate if they are specifically named in the will or if they are owed money by the estate. If you are not named in the will and are owed money by the estate, you may still be able to file a claim against the estate, but it may be more difficult to prove your case.
If probate is disputed, it is important to act quickly. In Texas, creditors only have two years from the date of death to filea claim against the estate. If you do not act within this timeframe, you may lose your right to collect on your debt.
If you are a creditor of an estate in Texas, it is important that you understand your rights and how probate works. An experienced probate attorney can help you understand the process and ensure that your claim is filed correctly and on time. Contact The Mendel Law Firm, L.P. today to schedule a consultation with a knowledgeable Texas probate attorney.
Conclusion
Probate can be a complex and emotional process, especially when there is disagreement among the heirs. If you find yourself in a situation where you need to dispute probate in Texas, it’s important to seek legal counsel as soon as possible. An experienced attorney will be able to help you navigate the process and protect your interests.
Do you need an Experienced Probate Attorney to Contest a Will in Court?
When a person dies, their estate must go through the probate process. This process can be contested in court if there is disagreement over the will or how the estate should be handled. An experienced probate attorney can help you navigate the court system and ensure that your rights are protected. (361) 502-4240.
Related questions
How long after probate can a will be contested in Texas?
It’s generally accepted that wills can be contested after probate has been granted. Probate is the legal process of authenticating a will and appointing an executor to administer the estate. After probate has been granted, there may be a period of time during which someone can contest the will.
In Texas, the timeframe for contesting a will is generally two years from the date of probate. This means that if you want to contest a will, you must do so within two years of the date that probate was granted. There are some exceptions to this rule, however. For example, if the person who made the will was under 18 years old at the time it was made, or if they were not of sound mind when they made the will, then the timeframe for contesting the will may be extended.
If you’re thinking about contesting a will, it’s important to seek out experienced legal help. An experienced attorney can help you understand your rights and options, and give you the best chance of success in court.
Can probate be challenged?
If you’re a beneficiary of an estate, you may be wondering if probate can be disputed. The answer is yes, but it’s not always easy. In Texas, there are a few grounds on which you can contest a will, but you’ll need to have evidence to back up your claim.
If you believe that the will is not valid, you can contest it on the grounds of mental incapacity or undue influence. To succeed on either of these claims, you’ll need to prove that the testator (the person who made the will) did not have the mental capacity to understand what they were doing when they made the will, or that someone exerted undue influence over them to get them to make the will in a certain way.
If you have evidence that the will was forged or otherwise tampered with, you can also contest it on those grounds. However, proving fraud can be very difficult, so you’ll need to be sure that you have strong evidence before going down this route.
Finally, if you believe that the executor of the estate is not following the terms of the will, or is otherwise mishandling the estate, you can file a complaint with the court.
Can probate be contested once granted?
The short answer is “no”, but there are some caveats. In Texas, once the court grants probate, the decision is final and generally cannot be contested. However, there are some limited circumstances where a party may be able to challenge the probate decision. For example, if there was fraud or misrepresentation involved in the probate process, a party may be able to contest the decision on those grounds. Additionally, if new evidence emerges after the probate decision is made, a party may be able to bring that evidence to the court’s attention and request that the decision be reconsidered.
