In the state of Texas, there are various rules that need to be followed when it comes to contesting wills. When we talk about wills, we generally assume them to be valid. Also, there is also a bias when there is a discussion or concerns about following a person’s desires. The bias is towards the person who is deceased.
There are specific reasons why a will may be contested. If anyone is thinking about contesting a will, the reason should be in one of those categories. There is also a specific time limit that should be followed so the case will not be dismissed or thrown out of court.
If someone wants to file a will for probate, it must be filed within four years of the decedent’s death. When the will has been probated, a contest of the will can be filed within two years of that. However, there are several exceptions to all of these rules and reasons.
Generally, if anyone tries to contest a will after the time frame or for a reason that is not excepted, it will be thrown out. If a will contest is brought too late, you can imagine the complications that will arise if someone has already spent a significant amount of the money or all of it.
If someone in the family feels that the decedent did not have the right capacity at the time the will was created, then this argument can be made. In order for a will to be seen as valid, the following(and more) should be true:
- The person understood exactly what was going on at the time
- The person knew what the purpose of making the will was
- The person could identify certain people who were named in the will, and could identify the relation
No one wants to think about their will being the big reason for a disagreement or fight. If you want your family to remain at peace after you are gone, you can consider making plans for your estate. We understand that this can be a stressful and confusing time for you and your family, and this is why we are here to help.