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Texas Will Contest Lawyer

Texas Will Contest Lawyer Jason Coomer represents heirs, family members, and beneficiaries that have been accidentally or wrongfully left out of a Will.  He handles contested Wills in Travis County, Williamson County, Bexar County, and Hays County as well as works with other Texas probate lawyers across Texas including Dallas County, Harris County, Fort Bend County, and Tarrant County. 

For questions on a Will contest, preventing a Will contest, or fighting a Will Contest, please e-mail Texas Will Contest Attorney Jason S. Coomer at TexasWillContestLawyer@texaslawyers.com or use our contact form to submit an inquiry regarding a Will Contest.  Texas Will Contest Lawyer, Jason Coomer draft Wills and Trusts to protect the wishes and best interests of his clients, but also contests Wills or fights Will contests to protect right beneficiaries and heirs.

What Is a Will?

A Will is a written legal declaration of a person's intentions which he or she wants or wills to be performed after his or her death.  The Will makes dispositions of property, sets up trusts, and establishes guardians upon a person's death.  Under Texas law a Will must identify the Testator, be written with "testamentary intent", and be executed with requisite testamentary formalities.  It also requires that the Testator have "testamentary capacity" including being of sound mind.  Unfortunately, there are many Wills that do not comply with Texas law because of do it yourself Will drafting kits and people that create their own Wills that do not follow the formalities of a valid Will.  Still other Wills are lost or stolen and have to be set aside.  The first step in determining what to do with someone's estate is to determine if they have a Will and make sure that if you find the Will to put it in a safe location.

What is a Will Contest?

A Will Contest occurs when there is something wrong with a Will.  In some instances the Testator did not have actual "testamentary capacity" or "testamentary intent" to draft a proper Will.  In such a situation the Will is not valid and interested parties including a beneficiary or heir that was disinherited or lost inheritance through the invalid Will can contest the Will as being invalid. 

What are Common Grounds for a Will Contests?

There are several reasons that a Will may be contested including 1) the Will was written under the influence from another person, 2) the Decedent was not of sound mind when the Will was written, 3) the Will is a forged or fraudulent document, 4) the Will is not up to date and leaves out children or does not take into account a divorce or remarriage, 5) the Will was not witnessed or signed correctly, and 6) the Will was improperly done and does not comply with Texas law.

When can a Will Be Contested?

The Texas Probate Code gives interested persons two years after a Will has been admitted to probate to institute a suit to contest a Will.  There are two exceptions to this rule that can extend this statute of limitations beyond two years.  These exceptions include 1) contests based upon forgery or fraud or 2) contests brought on behalf of an incapacitated person (such as a minor) who recovers capacity.