A common concern that many have during the will-drafting process is the possibility of beneficiaries (family, friends, etc.) challenging said will to inherit certain or more possessions. These can include property deeds, jewelry, and vehicles, among other things.
It’s important to know that a probate court decides if beneficiaries can contest a will. The probate process can be quite hard to understand, and many questions inevitably come up. Here are three that typically do.
Who Can Contest a Will?
Probate courts stipulate that anyone wishing to contest a will must fall under one or all of the following criteria:
- A beneficiary listed in the will.
- A beneficiary mentioned in an earlier draft of the will but has been excluded from the current one.
- Anyone protected by intestacy laws, such as an ex-spouse, biological children, or stepchildren who weren’t listed in the will.
How Soon Can a Will be Contested?
According to Texas Probate Code section 256.04, the period in which a will can be contested must be within two years after said will was submitted for probate. We strongly suggest having our McAllen probate lawyers examine your situation.
What Are Some Valid Reasons for Contesting a Will?
Regardless of the reason a person has for contesting a will, a probate court requires physical proof. Contesting a will is possible if:
- The deceased was forced or coerced into signing their will.
- The deceased did not understand how his/her belongings would be passed on to beneficiaries.
- Specific estate planning procedures were broken. This would require the assistance of a probate lawyer.
Contact Our Probate Attorneys in McAllen
It’s wise to seek help when contesting a will. Choose our probate attorneys in McAllen as your legal representation during the probate process. Contact our firm to get started today.