To contest a will that is already in probate in Texas, file a will contest with the local court where it was admitted to probate. Will contesting can be done with or without an attorney, notes LegalZoom. Since the process can be lengthy and intricate, probate attorneys are available.Know More
According to TheProbate.Net from inheritance attorney Robert Ray, Texas has guidelines for contesting a will that is in probate. There are guidelines for the circumstances that qualify contesting of a will. There are also time limitations regarding when the will must be contested. Since a will in probate has already been through the process of being admitted to probate by a judge, there is a two-year time frame in which any challenges must be claimed.
According to LegalZoom, all challenges must be done by someone considered an interested party, which is someone who would have received something as part of the will if it were not under probate. Qualified circumstances in Texas for contesting a will include improper execution of a will, forgery, being under the influence of another dominating person and testamentary capacity. Testamentary capacity refers to the deceased person's ability to understand the will as written.Learn more about Financial Planning
Letters testamentary in Texas are letters issued by a probate court. They state that a person has the ability to act on behalf of a decedent’s estate, pursuant to the person’s last will and testament, says Texas attorney David L. Leon.Full Answer >
A letter of testamentary is granted by visiting the probate officer in local court or city hall and presenting a decedent's official last will and testament along with a death certificate. A letter of testamentary, which is sometimes referred to as a "letter of administration," can only be obtained by an executor of an estate.Full Answer >
Letters testamentary are obtained from the appropriate county courthouse as part of probate. The appropriate court is the court in the county in which the decedent lived when he died. They are the documents that show who has the legal authority to handle the affairs of a decedent.Full Answer >
Reasons for putting property into a trust include saving on estate taxes, avoiding probate, and having someone manage the trust and the property in it if the trust maker is ever unable to do so himself, states SFGate. Placing property into a trust can also help prevent creditor attacks.Full Answer >