Defend Your Rights When an Estate Is Contested

Your case begins with a formal objection or contest filed in probate court, which triggers a hearing where both sides present evidence. Philip E. Mullin Attorney At Law gathers medical records, financial statements, witness affidavits, and any prior drafts of the will to establish the decedent's intent and capacity. The firm cross-examines challengers who claim undue influence, and it presents testimony from those who observed the signing or who can speak to the decedent's state of mind at the time the will was executed.
After the court rules, you will have a final judgment that either upholds the will and allows the executor to proceed with distributions, or invalidates the will and reverts the estate to intestacy or a prior valid document. If you are defending the will, you will have protected the decedent's stated wishes and preserved the inheritance designated for beneficiaries. If you successfully challenged the will, you will have corrected a document that was executed under duress, fraud, or lack of capacity. Philip E. Mullin Attorney At Law also handles appeals when a probate ruling is based on incorrect legal standards or insufficient evidence.
The firm represents executors accused of mismanagement by presenting accountings, receipts, and documentation of all transactions involving estate property. It also defends beneficiaries against claims that they unduly influenced the decedent, using evidence of independent legal advice, consistent estate planning over time, and the decedent's documented reasons for their decisions. Probate litigation can take months or longer, depending on the complexity of the estate and the number of parties involved.

Clients often ask about the grounds for contesting a will, what evidence is required, and how long probate litigation takes.

• What are valid grounds to contest a will in Texas? You can challenge a will based on lack of testamentary capacity, undue influence, fraud, forgery, improper execution, or revocation by a later valid will or codicil.
• How do you prove undue influence in probate court? You must show that someone in a confidential relationship with the decedent exerted pressure that overcame the decedent's free will, often supported by evidence of isolation, sudden changes to the estate plan, or the influencer's direct benefit.
• Can an executor be removed during probate? Yes, the court can remove an executor for misconduct, failure to perform duties, conflicts of interest, or mismanagement of estate assets, and appoint a successor to complete the administration.
• How long does a will contest take in El Paso? The timeline depends on the complexity of the case, the number of witnesses, and whether appeals are filed, but contested probate cases typically take six months to two years to reach a final resolution.
• What happens if the will is invalidated? If the court finds the will invalid, the estate is distributed according to a prior valid will if one exists, or under Texas intestacy laws if no earlier will is available.