Houston Will Contest Attorneys

Will Contests in Texas: Protecting Your Rights and Inheritance

When a loved one passes away, the last thing any family wants to face is a dispute over their will. However, these situations arise more often than you might think, especially in complex estates across the Houston metropolitan area. Our experienced probate litigation team is here to help you navigate these challenging circumstances and fight for your rightful inheritance.

What Is a Will Contest?

A will contest is a legal challenge to the validity of a will during the probate process. In Texas, you can contest a will if you have proper standing (meaning you would inherit under a prior will or through intestacy if the current will is invalidated) and legitimate grounds to challenge its validity.

Common Grounds for Contesting a Will in Texas

Lack of Testamentary Capacity

One of the most frequent grounds for contesting a will is that the testator (the person who made the will) lacked the mental capacity to understand what they were doing. For example, we represented a client whose father was diagnosed with dementia and whose symptoms included confusion, hallucinations, and memory loss. We provided evidence showing his father did not understand the legal effect of signing a new will. 

Undue Influence

This occurs when someone exerts excessive pressure on the testator to change their will. 

Here’s an example scenario: A stepchild isolates their elderly stepmother from other family members and manipulates her into dramatically altering her will during her final months. 

In this situation, the family may have grounds to contest the validity of the will due to the undue influence exerted on a vulnerable family member. 

Fraud

Fraud is one of the strongest grounds for contesting a will in Texas. When a will is created or executed under fraudulent circumstances, the court may invalidate it entirely or specific provisions.

Examples of fraud include:

• Fraudulent inducement: This occurs when someone deliberately misrepresents facts to the person making the will, causing them to include or exclude certain provisions they wouldn't have otherwise. For example, if someone falsely tells a parent that their child stole from them or wishes them harm to convince the parent to disinherit that child.
• Fraud in the Execution: This happens when the testator is deceived about the nature of the document they're signing. For instance, if someone presents a will to the testator claiming it's another type of document, or switches pages of a will after it's been reviewed but before it's signed.
• Forgery: This involves falsifying the testator's signature or altering the will document after it's been executed.

Improper Execution

Texas law requires specific formalities for a will to be valid, including proper signatures and witnesses. We have disputed multiple wills for which the signature or handwritten notes were called into question. 

In one notable case, a mother of three executed a typed will and, many years later, altered the will by hand to reflect the death of one child and the birth of several grandchildren. Unfortunately, the mother did not sign or initial next to the handwritten changes, nor work with an attorney to witness and notarize the revisions. The judge in this case found that the handwritten changes were invalid and enforced the will as originally written.

A Child Left Out Of A Will

In Texas, a child being left out of a will may be grounds to contest the will in certain circumstances, but not automatically.

Texas law generally allows testators (people making wills) broad freedom to distribute their assets as they wish, including disinheriting their children. However, there are specific situations where a child might have grounds to contest:

• Pretermitted (forgotten) child: If a child was born or adopted after the will was executed, and the will does not mention this child or provide for them, they may have rights to a portion of the estate.
• Unintentional omission: If it appears the omission was accidental rather than deliberate.
• Standard contest grounds: Like any will contest, a child could challenge based on the causes cited above (lack of testamentary capacity, undue influence, fraud, improper execution of the will).

It's important to note that simply being left out of a will is not, by itself, sufficient grounds in Texas. The will can be contested only if there's evidence of one of the legal grounds above.

What Happens if a Child Is Born After a Will Is Executed?

The Texas Estates Code, specifically Section 255.053, addresses what should happen when a child is born or adopted after a will is made

If the will does not provide for this child (known as a “pretermitted child”) – either because the testator didn't know about the pregnancy or didn't anticipate adopting a child – Texas law provides that the pretermitted child is entitled to receive a portion of the estate. 

The amount the child receives is typically calculated based on what they would have received if the parent had died without a will (their intestate share).

Exceptions where the pretermitted child might NOT inherit:

• If the will shows the omission was intentional; 
• If the testator provided for the child outside the will (through trusts, life insurance, etc.); or 
• If the testator had other children when making the will and left substantially all the estate to the parent of the pretermitted child.

These laws are designed to protect children who might otherwise be unintentionally disinherited simply because they were born after their parent created a will.

What Happens If a Will Is Not Changed After a Divorce?

In Texas, divorce has specific effects on a will even if you don't change it after the divorce. Under Texas Estates Code Section 123.001, when a divorce becomes final:

• Former spouse provisions are void: Any provisions that benefit your ex-spouse are automatically revoked and treated as if your ex-spouse predeceased you
• Fiduciary appointments invalidated: Your ex-spouse is automatically removed from roles such as executor, trustee, or agent under a power of attorney.
• Non-probate transfers affected: Designations of your ex-spouse in certain non-probate transfers (like life insurance or retirement accounts) may also be automatically revoked

How Do You Prove Undue Influence in a Will Contest?

To prove undue influence in a Texas will contest, you must establish several key elements through a combination of direct and circumstantial evidence:

1. Existence of influence: Evidence that someone exerted influence over the testator
2. Improper or undue nature: The influence went beyond normal persuasion and overcame the testator's free will
3. Effective operation: The influence resulted in a will that the testator would not have made otherwise

In Texas, the person challenging the will has the burden of proving undue influence by a “preponderance of the evidence” (i.e., more likely than not).

Common evidence used to prove undue influence include:

• Testator's vulnerability due to age or health issues 
• A suspicious change in the will benefiting a person in a close relationship with the testator
• Evidence of the influencer's controlling behavior
• Unusual circumstances surrounding the will execution
• Prior wills showing a different distribution
• Statements from witnesses regarding the influencer's actions or the testator's concerns

Undue influence cases typically involve circumstantial evidence rather than direct proof, so the courts look at the totality of circumstances surrounding the will's creation. Consulting with an attorney who specializes in probate litigation is crucial if you're considering contesting a will on these grounds.

Why Choose Our Firm?

• Deep Local Experience. With decades of combined experience in Houston-area probate courts (including Harris, Fort Bend, Montgomery, and Galveston Counties), we understand the local legal landscape and have built strong relationships with probate judges, court staff, and other professionals in the probate community.
• Proven Track Record. Our firm has successfully handled dozens of contested estates and will contests. We approach each case with meticulous attention to detail and a strategic mindset.
• Personal Attention. We know that will contests often involve deeply personal and emotional family dynamics. Our team provides compassionate, individualized attention while aggressively protecting your interests. You'll work directly with experienced attorneys who take the time to understand your unique situation and advocate for your goals and intentions.
• Comprehensive Support. From gathering evidence and interviewing witnesses to negotiating settlements and representing you at trial, we handle every aspect of your will contest. Our firm has access to a network of expert witnesses, including medical professionals, handwriting experts, and forensic accountants who can strengthen your case.

Contesting A Will in Texas: Time Is Critical

In Texas, you typically have two years from when a will is admitted to probate to contest it. Waiting can harm your case as evidence may disappear and witnesses' memories may fade. If you believe you have grounds to contest a will, contact our office immediately for a confidential consultation.

Our will contest attorneys can take the burden of a will dispute off your shoulders by helping:

• Review the circumstances surrounding the will's creation
• Evaluate your legal standing to bring a contest
• Identify potential grounds for challenging the will
• Explain your options and likely outcomes
• Develop a strategic plan to protect your interests
• Handle all legal filings and court appearances
• Keep you informed throughout the process

Contact us today to schedule a consultation with our experienced probate litigation team. We're here to help you fight for your rightful inheritance and honor your loved one's true wishes.