When a loved one’s will is challenged, the process can be emotionally draining and legally complex. At Barrera Sanchez & Associates, our contested probate attorneys in McAllen guide you through every hurdle—whether you’re defending a will or asserting your right to inherit. With deep knowledge of Texas probate law and a track record of successful disputes, we fight to secure the outcome you deserve.
What Are Contested Wills?
A contested will arises when someone challenges the validity or interpretation of a decedent’s will. Common issues include:
- Undue influence: Claims that beneficiaries pressured the testator
- Lack of testamentary capacity: Questions about the testator’s mental fitness
- Forgery or fraud: Allegations that signatures or provisions were falsified
- Improper execution: Failure to meet Texas’s strict formal requirements
When a will is contested, a judge or jury must decide which document governs the estate—often after lengthy hearings and evidence review.
Why Contested Wills Occur
Family dynamics, unexpected disinheritance, and complex estates all play a role:
- Surprise exclusions: Loved ones not named or receiving less than expected
- Conflicting documents: Multiple versions of a will surface
- Questionable amendments: Last-minute codicils that raise red flags
- High-value assets: Real estate, business interests, or large investments
With so much at stake, even well-intentioned disputes can spiral into bitter litigation without skilled representation.
Why Choose Barrera Sanchez & Associates
As your contested probate attorney in McAllen, we offer:
- Local Probate Expertise
In-depth understanding of Hidalgo County courts and Texas probate statutes. - Aggressive Advocacy
We build compelling evidentiary records and aren’t afraid to take cases to trial. - Tailored Strategy
Every estate dispute is unique—our approach aligns with your goals and family circumstances. - Transparent Fees
Competitive flat-fee and contingency options mean you know costs upfront. - Personal Attention
Direct access to your attorney ensures prompt answers and honest guidance.
Our Contested Will Process
- Free Initial Consultation
We evaluate your case facts, review the will, and outline potential strategies. - Case Investigation
Gathering witness statements, medical records, and expert opinions to support your claim or defense. - Petition & Response
Filing a contest petition or formal response in McAllen probate court. - Discovery & Negotiation
Exchanging evidence, conducting depositions, and exploring mediation to resolve disputes efficiently. - Trial Preparation
Crafting persuasive arguments, exhibits, and witness testimony for court. - Court Hearing & Ruling
Advocating zealously before the judge (and jury, if applicable) to achieve a fair outcome.
Benefits of Hiring a Contested Probate Attorney
- Maximize Your Inheritance: We protect your lawful share of the estate.
- Reduce Delays: Streamline complex procedures to accelerate resolution.
- Control Litigation Costs: Strategic case management minimizes unnecessary expenses.
- Emotional Support: Compassionate guidance through a difficult family dispute.
- Legal Certainty: A binding court decision gives you the clarity you need.
Contested Wills McAllen FAQs
Q: Who can contest a will in Texas?
A: Only “interested persons” such as heirs, beneficiaries, or the surviving spouse may file a contest.
Q: How long do I have to challenge a will?
A: In Texas, you generally must file a contest within two years of the testator’s death—or sooner if you received notice of probate.
Q: What evidence is needed to contest a will?
A: Medical records, witness affidavits, expert testimony, and any documentation showing undue influence, incapacity, or fraud.
Schedule Your FREE Consultation
Don’t let a contested will jeopardize your rights or legacy. Our dedicated contested wills McAllen probate attorneys are ready to review your case and map out a winning strategy.