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
The most successful grounds for contesting a will are that the testator lacked the mental capacity to create a will or that he was unduly influenced to write the will a certain way. The most successful challengers are usually spouses of the testators, according to FindLaw.Full Answer >
Probate is necessary if the deceased owned property or assets that were solely in his name without any joint owners or a designation that is payable on death, says estate expert Julie Garber on About.com. That property or asset needs to go into probate in order to transfer it out of the decedent's name.Full Answer >
Some of the advantages of a living trust are being able to avoid probate and being able to name alternate beneficiaries to inherit property, says Nolo. Disadvantages of living trusts include the time they take to draw up and the amount of extra maintenance required when compared to a will.Full Answer >
States have their own regulations when it comes to time limits for probating a will, says LegalZoom. Wills don't need to go through probate unless there is the need to transfer ownership of the assets to the beneficiaries.Full Answer >