When a loved one passes away, families expect their wishes to be honored. Too often, a late-changed will, a trusted caregiver who took control of the finances, or an executor who treats the estate as their own turns grief into a legal fight. Borunda & Fomby represents heirs, beneficiaries, executors and families in contested estate and probate matters across Texas. We prepare every estate case as if it will be tried to a jury, because that preparation is what moves the other side.
Estate and Probate Disputes We Handle
- Will contests challenging a will for lack of testamentary capacity, undue influence, fraud, forgery or improper signing
- Trust disputes, including challenges to trusts and late-life trust amendments
- Heirship proceedings for estates where there is no valid will
- Will construction suits when the language of a will is unclear or disputed
- Claims against executors and administrators who mismanage, delay or self-deal
- Removal of an executor, administrator or trustee
- Recovery of estate assets transferred before or after death, including gifts made under pressure
- Non-probate asset disputes involving life insurance, IRAs, 401(k)s, payable-on-death accounts and joint accounts
- Defense of wills and estates for executors and beneficiaries facing a contest
Common Grounds for Contesting a Will in Texas
Not every disappointing will can be challenged. Texas courts look for specific legal grounds, and the facts matter:
- Lack of testamentary capacity. The person making the will must understand the business of making a will, the general nature and extent of their property, and who their family members are. Dementia, serious illness and heavy medication can all raise capacity questions.
- Undue influence. A will may be set aside if someone used their position of trust or control to substitute their wishes for the wishes of the person making the will. These cases often involve a caregiver, a new spouse or a family member who isolated the person late in life.
- Fraud or forgery. A will signed because of a deception, or a signature that is not genuine, can be challenged.
- Improper execution. Texas law sets formal requirements for signing a valid will. A will that does not meet those requirements may not be valid.
- Revocation. An earlier or later will, or evidence that a will was revoked, can change which document controls.
Deadlines Matter
Texas law generally allows a will to be contested within two years after it is admitted to probate, with limited exceptions such as cases involving forgery or fraud. Other estate claims carry their own deadlines, and some steps, like opposing a will before it is admitted, are best taken right away. Evidence also fades: medical records get harder to obtain, witnesses move, and money gets spent. If you believe something is wrong, talk with an attorney as soon as possible.
What About a “No-Contest” Clause?
Many wills and trusts include a forfeiture clause that threatens to disinherit anyone who challenges them. Texas law generally does not enforce these clauses against a person who brought a contest with just cause and in good faith. A no-contest clause is a reason to get advice before acting, not necessarily a reason to give up.
How We Build an Estate Case
- Investigation. We gather the will and prior wills, medical and hospice records, bank and brokerage statements, and the timeline of who had access to your loved one.
- Experts where needed. Depending on the case, that can include medical experts on capacity, forensic accountants who trace money, and handwriting examiners.
- Discovery and depositions. We take the testimony of the people who drafted, witnessed and benefited from the documents in question.
- Mediation and negotiation. Many estate disputes resolve at mediation, and we go in prepared to show what a jury would see.
- Trial. In Texas, contested estate matters can be tried to a jury. When a case does not settle on fair terms, we are ready to try it.
Trial Experience in Estate Cases
Our firm has tried contested estate cases to a jury verdict. We bring that courtroom experience, and the preparation that goes with it, to every estate matter we handle, from Harris County’s probate courts to county courts across Texas. Past results do not guarantee a similar outcome in any future case.
Frequently Asked Questions
Who can contest a will in Texas?
Generally, an “interested person,” such as an heir, a beneficiary under a prior will, or someone else with a property interest in the estate. Whether you have standing depends on your relationship to the estate.
Do I need the original will?
No. We can obtain the probate file and, through discovery, the drafting attorney’s records and earlier versions of the will.
What if the money was moved before my loved one died?
Transfers made through undue influence or by someone who abused a position of trust can sometimes be recovered, even if they happened before death. See our fiduciary litigation page for more.
How are estate cases paid for?
We discuss fee arrangements during your consultation. Depending on the case, options can include contingency-fee arrangements, where our fee comes from what we recover.
