Contesting a Will: What Does It Mean?

Before diving into the details, it’s important to have a basic understanding of what it means to contest a will. Contesting a will is the legal process through which someone can challenge the validity or terms of a decedent’s last will and testament in a court of law. The goal is to seek a court ruling that the will is invalid, either in whole or part, often altering the distribution of the decedent’s property.

Can You Contest a Will in Texas?

In short, the answer is, it depends. Texas law does allow individuals to contest the validity of a will in probate proceedings under certain situations. However, this may only be done by a person interested in the proceedings. Typically, an interested person will be a family member, creditor, or other beneficiary of the deceased.

What Is the Statute of Limitations for Contesting a Will in Texas?

The statute of limitations for contesting a will in Texas is two years. This means an interested person will usually have no more than two years from the date the will was admitted to probate to contest the will. Note some exceptions may allow for additional time in limited circumstances. For example, if the interested person is contesting the will based on forgery or other fraud, they will have two years from the date the fraud or forgery was discovered, even if this comes more than two years after the date the will was admitted to probate.

Articles Archives - Page 8 of 17

Welcome to the Massingill blog. Here’ll you’ll find frequently published articles on important topics relating to business law, healthcare business law, and family estate planning. Not finding the information you need? Book a consultation. Our friendly and helpful legal staff will answers your questions and get you on the path to solutions.

Feb 9, 2024 | By Massingill Staff | Read Time: 4 minutes | Business Law

Transforming Texas Real Estate: Innovative Broker Compensation via Business Entities

Texas’s real estate landscape is undergoing a dynamic shift, offering exciting possibilities for a Texas real estate broker seeking innovative ways to structure their compensation. As of January 2024, the Texas Real Estate Commission (TREC) introduced the option for business entity registration, allowing licensed brokers to receive compensation through registered entities like LLCs and S Corporations. Below, we explore the key...

Feb 6, 2024 | By Massingill Staff | Read Time: 4 minutes | Business Law

Understanding Texas Business Contracts: Comprehensive Guide to Key Definitions and Insights

The definition of a business contract is a legally binding agreement between two or more parties that governs transactions made in a commercial environment. While there isn’t a strict differentiation between “business contracts” and “regular contracts,” the distinction often lies in the purpose, parties involved, and the agreement’s specific terms or considerations. Because business contracts are often subject to...

Jan 8, 2024 | By Massingill Staff | Read Time: 5 minutes | Estate Planning

A Comprehensive Guide to Spousal Lifetime Access Trusts in Texas

It is natural to want to protect your hard-earned assets to ensure you and your loved ones can benefit from them for years to come. One way married couples can protect assets is by creating a spousal lifetime access trust (SLAT). These trusts allow one spouse to set aside assets for the benefit of the other spouse. In this...

Jan 4, 2024 | By Massingill Staff | Read Time: 4 minutes | Business Law

A Guide to Texas Non-Disclosure Agreements

Non-disclosure agreements (NDAs) have earned a controversial reputation in recent years, but they are a valuable tool to protect confidential business information. At its core, an NDA is a contract requiring a person not to disclose confidential information. NDAs allow businesses to hire talented employees and build interest in their operations without risking financial harm. If you need help...

Dec 8, 2023 | By Massingill Staff | Read Time: 3 minutes | Business Law

Understanding Non-Compete Agreements in Texas

When you start a new job or leave an old one, you may be presented with a non-compete agreement. What are non-compete agreements? Non-compete agreements are contracts between employers and employees that restrict an employee’s ability to work for a competitor or start a competing business for a certain period of time after leaving their current job. In Texas,...

Dec 6, 2023 | By Massingill Staff | Read Time: 4 minutes | Business Law

Demystifying the Corporate Transparency Act in Texas

The Corporate Transparency Act (CTA) takes effect on January 1, 2024. Within a year from that date, existing businesses will have to file either That’s a lot of acronyms. More simply, the CTA aims to combat illegal activities like money laundering by augmenting business transparency. Specifically, the CTA requires businesses to identify their true owners. The attorneys at Massingill know how...

Dec 1, 2023 | By Massingill Staff | Read Time: 5 minutes | Estate Planning

5 Clever Ways to Find the Best Probate Lawyer Near Me

Few people imagine they’ll ever need a probate attorney. However, the need for adequate representation throughout the probate process becomes obvious right after a loved one passes on. There are many reasons for this. First, probate is a long and complicated process. This fact is especially true now as probate cases have surged since 2020. Second, probate proceedings tend to...

Nov 29, 2023 | By Massingill Staff | Read Time: 4 minutes | Business Law

What Does the Corporate Transparency Act Mean for Small Business Owners in Texas?

In 2021, the federal government passed the Corporate Transparency Act (CTA), scheduled to take effect on January 1, 2024. The CTA requires many small businesses to file Beneficial Ownership Information (BOI). Although filing BOI does not involve extensive information, determining who and what to file is complicated. If you are a small business owner in Texas, contact Massingill to learn more about the...

Nov 8, 2023 | By Massingill Staff | Read Time: 5 minutes | Estate Planning

What Happens If You Die Without a Will in Texas

If you die without a will in Texas, any property you own at the time of your death will be distributed in accordance with Texas intestate succession laws. But, you may be wondering, What exactly does that mean? If you have questions about how to plan for your future and what happens if you die without a will in...

Nov 7, 2023 | By Massingill Staff | Read Time: 5 minutes | Estate Planning

Can You Legally Contest a Will in Texas?

When someone passes away (commonly referred to as a “decedent”), one of the first things to do is determine whether the decedent left a will. If the decedent did leave a will, it must go through the probate process in court before the property can be distributed to their beneficiaries. The probate process can be complicated. Sometimes, after a will is...