Contested Wills

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:

  1. Local Probate Expertise
    In-depth understanding of Hidalgo County courts and Texas probate statutes.
  2. Aggressive Advocacy
    We build compelling evidentiary records and aren’t afraid to take cases to trial.
  3. Tailored Strategy
    Every estate dispute is unique—our approach aligns with your goals and family circumstances.
  4. Transparent Fees
    Competitive flat-fee and contingency options mean you know costs upfront.
  5. Personal Attention
    Direct access to your attorney ensures prompt answers and honest guidance.

Our Contested Will Process

  1. Free Initial Consultation
    We evaluate your case facts, review the will, and outline potential strategies.
  2. Case Investigation
    Gathering witness statements, medical records, and expert opinions to support your claim or defense.
  3. Petition & Response
    Filing a contest petition or formal response in McAllen probate court.
  4. Discovery & Negotiation
    Exchanging evidence, conducting depositions, and exploring mediation to resolve disputes efficiently.
  5. Trial Preparation
    Crafting persuasive arguments, exhibits, and witness testimony for court.
  6. 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.