Frisco Will
Contest Attorney

Estate Planning, Probate, & Guardianship

Fighting for Fair Treatment in a Will Contest

When disputes arise over the validity of provisions in a Last Will and Testament, or the validity of the entire Will, the distribution of assets can suffer lengthy delays. Now you are entangled in a messy probate dispute that could drive a wedge between you and other family members.

At Albin Oldner Law, PLLC, we recognize how distressing probate litigation can be. We strive to reduce costs, speed up a final resolution, minimize tensions and preserve valued relationships with other beneficiaries. We work hard to avoid a lengthy and contentious trial by pursuing equitable settlements when possible.

If you need to challenge a Will, consult a probate lawyer as early in the probate process as possible. Texas inheritance law places a statute of limitations on bringing beneficiary claims in court. Missing that deadline means you have lost your chance to challenge an invalid Will.

Call (214) 423-5100 or contact us online to schedule a consultation at our law office. Our firm represents beneficiaries throughout North Texas.

Do You Have Standing to Contest a Will?

Standing refers to the legal right to pursue a claim in probate court or civil court. According to the Texas Estates Code, a Last Will and Testament can be contested by anyone who has a stake in the case, such as:

An heir or beneficiary of the current Will or a previous Will,
A spouse,
A creditor owed money by the deceased,
Parents or guardians acting on behalf of a minor or incapacitated person, or
Anybody else who has property rights in or claims against the estate.

What are the Grounds to Contest a Will?

Texas courts do not allow you to challenge a Will just because you believe it is unfair or not what you were promised. The law establishes specific grounds upon which you can bring a case to court. Some of these grounds include:

Testator’s mental state: The person who signed the Will must have been “of sound mind” when he or she created the will. Heirs may contest a Will if they believe the person who created it was suffering from dementia, Alzheimer’s, or mental illness or was under the influence of drugs or alcohol at the time of the signing.
Undue influence: Undue influence occurs when a person of trust — such as a family member or caretaker — pressures, manipulates or coaxes a vulnerable testator to abide by the influencer’s wishes.
Fraud: Procuring or altering the conditions of a Will by trickery is fraudulent, as is forging the testator’s signature on a Will.
Insufficiency: In some cases, a problem with the Will itself renders it invalid. For example, there may have been too few witnesses or the signer may have been under age. Insufficiency usually only occurs if the testator did not consult with a qualified estate planning or probate attorney.
Codicil or superseding Will exists: A beneficiary may claim that the testator amended her or his Will or drafted an entirely new document that overrides previous terms of property allocation.

Consult a Probate Litigator about Contesting a Will

Talk to an experienced and dedicated estate planning lawyer at Albin Oldner Law, PLLC. Based in Frisco, our law firm offers comprehensive legal representation to individuals across all of North Texas.

Call (214) 423-5100 or contact us online.

The attorneys at Albin Oldner Law, PLLC are very personable and treat their clients as people rather than just another case.

- A. Hailey

Should I ever require the need for representation with any future actions, should they occur; I would not hesitate to call upon Albin Oldner.

- M.C.

Todd and his team have taken care of all our business and litigation needs for years. I wouldn’t trust any other firm to provide the same level of service and counsel.

- Matt Lafata

214-225-4325

Frisco Will
Contest Attorney

Estate Planning, Probate, & Guardianship

Fighting for Fair Treatment in a Will Contest

Do You Have Standing to Contest a Will?

What are the Grounds to Contest a Will?

Consult a Probate Litigator about Contesting a Will

Let Our Firm Help

Get a Consultation Today

Local Office

Quick Links

Follow Us

214-225-4325

Frisco Will Contest Attorney

Estate Planning, Probate, & Guardianship

Fighting for Fair Treatment in a Will Contest

Do You Have Standing to Contest a Will?

What are the Grounds to Contest a Will?

Consult a Probate Litigator about Contesting a Will

Let Our Firm Help

Get a Consultation Today

Local Office

Quick Links

Follow Us

Frisco Will
Contest Attorney