Colorado County Will Contest Lawyer
After a person passes away, his or her property will be divided according to his or her will. However, Texas has stringent requirements for a will to be considered valid. If you believe that your loved one’s will was written under coercion, altered, or otherwise invalid, you have the right to contest the document—and the lawyers at Marrs & Ellis Hodge LLP can help.
Our Texas litigation lawyers have represented dozens of residents in their will contests. We will fight diligently to protect you and your family’s best interests in Colorado County probate court.
Why Choose Us
- Over the past decade, our firm has successfully represented hundreds of Texans. We will leverage our skills, knowledge, and resources to craft a compelling case in your favor.
- Our attorneys understand the sensitive nature of will contest claims and have the experience necessary to help you navigate the complex litigation process.
- Our firm has received numerous awards and prestigious distinctions, including repeated Super Lawyer designations from Thomson Reuters and a preeminent AV rating from Martindale-Hubbell.
Elements of a Legal Will in Texas
A will is a document that outlines how a person wishes to dispose of his or her property following his or her death. For a will to be valid in Texas, it must meet the following criteria.
- The testator, or the person signing the will, has the legal capacity to do so. A person has legal capacity if he or she is 18 years or older, has been married, or is a member of the armed forces.
- The testator has testamentary capacity. This means that he or she must have the ability to understand that he or she is making a will, the effect of the will, his or her potential heirs, and the extent of his or her property.
- The testator has testamentary intent, or intends to create a document that dictates how to dispose of his or her property.
Filing a Will Contest in Probate Court
If you believe that your loved one’s will is invalid in some way, you have the right to file a will contest in probate court. In Texas, probate courts have jurisdiction over the approval of wills and their execution. To be eligible for this action, you must have standing, or a legal interest in the estate.
Will contests can arise for several reasons, including the following
- Another party had undue influence over the creation of the will.
- The deceased person lacked testamentary capacity.
- The will does not meet the formal requirements established by the state of Texas.
- The intent expressed in the will does not match the testator’s intent.
- Misconduct or fraud occurred while the testator was creating the will.
To prove a will contest claim, you will need to prove to the court that if it chooses to accept the will as it currently stands, you will experience harm. You will also need to prove that the will is invalid in some way. A Texas will contest lawyer from Marrs Ellis & Hodge LLP can examine the will and conduct an in-depth investigation into its creation, helping you build a compelling case for probate court.
Contact a Colorado County Will Contest Lawyer
Are you contesting a will in Colorado County? Trust the attorneys at Marrs Ellis & Hodge LLP to represent your case. We will advocate for you and your family’s best interests, helping secure the best possible outcome on your behalf. Contact us today to schedule a free consultation and learn more about the will contest process.