Legal Question in Wills and Trusts in Texas

I had retained an attorney to contest a Will by my deceased father. Negotiations were ongoing between my attorney and opposing attorney to settle estate. I discovered today that the the bogus Will had been filed to probate on 9/15/2011. The 10 day right to contest was up yesterday on the 26th. I dont' think my attorney knew this had happened. I haven't been able to talk to my attorney tonight but am sick about this. What can be done now that the 10 day notice is past?

Asked on 9/27/11, 8:25 pm

2 Answers from Attorneys

Keith Morris Jones Morris Klevenhagen LLP

That 10 day period is the posting period and does not really affect your ability to contest a will. you can still contest the will for four years. If you contest the will before it has been admitted to probate, the burden is on the applicant that filed the will, after it has been admitted to probate the burden shifts to the contestant.

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Answered on 9/27/11, 8:34 pm
Brian Thomas Burdette & Rice PLLC

As Mr. Morris points out, the 10-day period you're referring to is not your time limit to contest a Will. That period is used to determine when any hearing can first be held after an application has been filed. Many times, even in uncontested cases, the hearing is not held on the day following the expiration of 10 days. Your right to challenge things is still very much intact.

Visit with your attorney about what has been filed. Odds are pretty good that your attorney is well aware of what has been filed in the case, since the rules of procedure require that he or she be provided copies of anything filed.

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Answered on 9/28/11, 12:15 am

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