Do I Need a Probate Lawyer to Contest a Will?
After someone passes, the heirs or beneficiaries generally begin the search for a will. Sometimes we get asked the question of whether a will is valid? And, more importantly, should a potential heir or beneficiary contest the will? Here are some of the questions our probate lawyers answer most often. Who Can Contest a Will? Generally, an interested person who will receive less under a will than without it, and who can demonstrate that something is wrong with the will, can contest the will. According to Texas Probate Code Section 93, an interested party can legally dispute the validity of a will by filing a formal lawsuit. Generally, an interested party will be an heir, a beneficiary, a spouse of the person making the will, a creditor, or a person with some other property interest in the estate. How Long Do I Have to Contest a Will? You can file a will contest any time after the application to probate the will has been filed in the Court. The will contest must be filed within 2 years of the date that the will is admitted to probate. If you are alleging forgery or fraud, then you have two years
Read More