Legal Question in Wills and Trusts in Texas

Can a will be contested in the state of Texas before it has been probated & if so, how many times?


Asked on 10/24/11, 7:52 am

1 Answer from Attorneys

Brian Thomas Burdette & Rice PLLC

Yes, a contest can be brought before a Will is admitted to probate. In fact, the odds of success improve when the challenge is brought at this stage. Obviously, doing so means that the contestant must be diligent and proactive. If you believe you have the facts and evidence to make a good case, get with an attorney near you immediately.

As for how many times, this question is a bit hard to understand. The law doesn't give contestants as many bites at the apple as they need to be successful. Losing means you lost, and if you left out a legal basis the first time, there's a pretty good chance that the Court isn't going to be more favorable when you come back around the second time.

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Answered on 10/24/11, 8:05 am


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