QUESTION

How do I go about contesting my fathers will?

Asked on Jan 16th, 2013 on Wills and Probate - Texas
More details to this question:
He recently passed away due to an illness brought on by his handicap. I was totally left out of the will. I wasn't notified of a will and was left out of its reading altogether.
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1 ANSWER

Kevin Spencer
Ms. Gatlin: Your inquiry is very basic and I would need much more information to properly respond to your question.  But, I can tell you the following:  there is no requirement that you be notified of the probate and there is never, really, an official "reading of the will"; the latter is from movies or TV.  In order to contest a will in Texas, there must be evidence that your father lacked testamentary capacity or was unduly influenced at the time the Will was signed.  I would need to speak with you further about whether you have such evidence.  The fact that you were left out of your father's will, absent a poor relationship or a falling out to explain it, will be evidence of a problem in and of itself, but I would need to explore this further with you. Contesting wills is our primary area of practice.  You can visit my website at: www.spencerlawpc.com and/or contact me at (214) 630-4554. Sincerely, Kevin Spencer
Answered on Jan 20th, 2013 at 4:10 PM

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