Texas Family Law Attorney
Your Trusted Partner When It Matters Most

Dallas Will Contest & Probation Lawyer

An unsigned will with a pen on top

Contesting a Will Before vs. After Probate

If you have concerns that a loved one’s last wishes are being misrepresented, you need the help of a skilled Dallas will contest attorney who will fight aggressively for you. The sooner you file a will contestation, the better. A will enters probate two weeks after it is filed with the courthouse. Probate is the legal recognition of a will. After it is probated, the administrator of the will can begin distributing the assets to beneficiaries. If you contest the will before probate, the administration process halts, and the burden to prove the will’s validation falls on the beneficiaries. You can still contest a will for two years after it enters probate, but the burden of proof falls on you instead.

If you believe there is an issue with a loved one’s will, do not hesitate to call and discuss your case with a licenses Dallas family law attorney at (214) 273-6959.

How to Contest a Will

The main reasons typically used to contest a will in Texas include:

  • Undue influence
  • Lack of testamentary capacity
  • Due execution

Undue Influence

If the will seems to be strongly in favor of one individual—especially an individual who showed up unexpectedly during your loved one’s last days, you may be suspicious of undue influence on his or her will. If you can prove that the testator made a will that was swayed to be different from what they would normally make, you may have a case. However, this reasoning can be very difficult to prove.

Lack of Testamentary Capacity

Testamentary capacity refers to the testator’s state of mind or ability to comprehend what he or she was doing when signing the will. If you can prove that your loved one did not know or understand the ramifications of the document being signed, either through a mental disability, physical deterioration, or otherwise, you may be able to contest the will’s validity.

Due Execution

In this unfortunate scenario, some testators create their will and sign it without the necessary legal formalities. There must be signatures from a notary and witnesses on the will for it to be valid. If the correct procedures were neglected, then you may have a solid will contestation case.

Call Kamuche Law Firm, PLLC Today

Find out if you have a case when you call our knowledgeable Dallas will contest attorney at (214) 273-6959.

Client Testimonials

  • “She works hard and tireless hours to zealously advocate for each and every one of her clients.”

    Electra S.

  • “She is professional, experienced and effective in her zealous representation of her clients.”

    Kandace D.

  • “POWER HOUSE!”

    E. Hawkins

  • “She has the candor and ethics that judges appreciate and respect.”

    Mettie T.

  • “Getting the forms just right to satisfy all the parties involved was not easy but Tiffany got it done.”

    Bob Moss

  • “She is knowledgeable in many different areas of the law and communicates effectively with her clients as well as other parties.”

    Zack W.

  • “She will evaluate your case and explain what to expect.”

    Terry P.

  • “Great for advice and makes you feel cared for.”

    M. Richarte

  • “Kamuche Law Firm really cares!”

    D. Daniels

  • “She will stop at nothing to make sure you are taken care of.”

    J. Mayo

  • “She’s the cream of the crop!”

    Ashlei D.

  • “She's on top of it!”

    B. Wang

  • “Great service and professionalism.”

    M. Letheridge

  • “As a colleague, I would feel beyond comfortable recommending anyone I know to Tiffany’s firm.”

    Megan L.

  • “Outstanding service!”

    D. Flowers

Why Hire Kamuche Law Firm, PLLC?

  • We are a full service law firm that highly regards client concerns.
  • We are dedicated to being champions for our clients in every arena.
  • Transparent communication is key - You will know where your case stands at all times.
  • We care! When we take on your case, we take on your family.