When an individual dies in Texas, certain people have the right to contest the individual’s will. They might launch a will contest if they suspect that the individual was forced or influenced to write the will a certain way. However, only people who are “interested parties” are allowed to contest a will.
Who counts as an interested party?
During the probate process, interested parties are given the chance to contest the will before the assets are distributed. All surviving family members are considered interested parties, including spouses, children, parents, grandchildren, siblings, and grandchildren. When the individual dies, they’ll receive a notice that lets them know that they can contest the will.
People listed in the current version of the will are also considered interested parties even if they’re not blood relatives. This could include friends, co-workers, employees, and anyone else whom the individual decided to mention. Additionally, people who are mentioned in previous versions of the will but were taken out of the current iteration are also considered interested parties. This means that people who were written out of the will are eligible to contest the will.
Anyone who meets these qualifications can challenge the contents of a will. However, they’ll need strong evidence to prove that the individual was influenced somehow when they were writing the will. This can be difficult to prove since the individual isn’t around to tell their story.
Are you interested in contesting a will?
Contesting a will can be challenging, but it’s not impossible when you have an attorney on your side. An attorney may help you challenge the will in court. If you’re successful, the will might be thrown out and declared invalid. As a result, you might be entitled to a share of the estate if you were written out of the will.