Will Contests in Texas
Challenging or defending a will is one of the most serious legal actions that can arise after a death.
WHEN A WILL IS DISPUTED
A Will Contest Is a Serious Legal Matter
When someone creates a Last Will and Testament, the purpose is to set out their final wishes for how their estate will be handled. But wills can be challenged, and when they are, the result is a legal proceeding that affects every beneficiary and every asset in the estate.
The Borger Law Firm PLLC handles will contests on both sides. David Borger represents clients who believe a will does not reflect the true wishes of the deceased, and he represents executors and beneficiaries defending a will against unfounded challenges. In either case, David Borger works to protect his client’s legal rights and present the strongest possible case before the probate court.
Executor Challenges
Contesting Who Serves as Executor
Not every will contest is about the document itself. In some cases, the dispute is about the person named to serve as executor or administrator of the estate. Beneficiaries or family members may object to a proposed executor for various reasons, including:
Perceived lack of qualification to serve in the role
A known conflict of interest with the estate or its beneficiaries
A prior felony conviction that disqualifies the individual under Texas law
In these cases, the court evaluates the fitness of the proposed executor to serve, not the validity of the will itself. David Borger has handled executor removal proceedings and objections to appointments across Texas probate courts.
Challenging the Will Itself
Grounds for Contesting the Validity of a Will
A will can be challenged on the grounds that it does not legally reflect the intentions of the person who signed it. The most common grounds for a will contest in Texas are:
Revocation of the Will
A contestant may claim that the deceased revoked the will before death, often by presenting a more recent will as evidence. Texas law recognizes several ways a will can be revoked.
Lack of Testamentary Capacity
To create a valid will in Texas, a person must be of sound mind at the time of signing. A challenge on capacity grounds argues that the deceased did not meet this standard at the time the will was executed.
Undue Influence
This is one of the most common grounds for a will contest. It involves the claim that another person pressured or manipulated the deceased into signing a will that does not reflect their true wishes. Proving undue influence requires building a case around the specific facts and circumstances surrounding the signing.
Improper Execution
A will that was not signed, witnessed, or notarized according to Texas law may be declared invalid on technical grounds, regardless of its content.
Experience
David Borger
Texas Will Contest Attorney
For more than 25 years, David Borger has represented clients in will contests, probate litigation, and estate disputes across Texas. He works directly with beneficiaries, executors, and family members to protect their legal rights in contested estate matters.
- State Bar of Texas
- Member, Texas Bar College
- Member, Harris County Bar Association
- Member, Montgomery County Bar Association
- Member, Travis County Bar Association
- Member, Dallas and Tarrant County Bar Associations
- Former Board Member, Montgomery County Bar Association
Frequently Asked Questions
Will contests involve complex legal standards and tight deadlines. Here are honest answers to the questions David Borger hears most often.
How do I know if I have grounds to contest a will?
The most common grounds are lack of capacity, undue influence, fraud, improper execution, and revocation. If you believe any of these applies to a will that has been filed for probate, call David Borger for a consultation. He will review the facts and tell you plainly what your options are.
How long do I have to contest a will in Texas?
In most cases, a will contest must be filed within two years of the will being admitted to probate. There are limited exceptions, but waiting too long will bar your claim entirely. If you have concerns, do not delay.
What happens to the estate while a will contest is pending?
The probate court may place a hold on estate distributions while the contest is resolved. In some cases, a temporary administrator may be appointed to manage the estate during the proceedings. David Borger can advise you on what to expect in your specific situation.
Can I contest a will if I am not a named beneficiary?
It depends. In Texas, you generally must be an interested party to bring a will contest. This includes people who would have inherited under a prior will or under Texas intestacy laws if no valid will exists. David Borger can review your standing in a free consultation.
What does it cost to contest a will?
Will contest cases vary considerably in cost depending on their complexity, how much litigation is involved, and how willing both sides are to reach a resolution. David Borger is upfront about fees from the start. Call (832) 263-2100 to discuss your situation.
What if someone destroyed or hid a will?
Hiding or destroying a will is a serious matter that can carry legal consequences. If you believe a will has been concealed or destroyed, David Borger can help you pursue remedies through the probate court. These situations require prompt action.
Speak With a Texas Will Contest Attorney Today
If you believe a will should be challenged or you need to defend a valid will, speak with David Borger before important deadlines affect your legal rights.
