Dallas, TX asked in Probate for Texas

Q: If a probated will was filed and recorded on July of 2018 can it be protested on April 2019?

Special Warranty Deed has also been transferred

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2 Lawyer Answers
Tammy L. Wincott
Tammy L. Wincott
Answered
  • Probate Lawyer
  • San Antonio, TX
  • Licensed in Texas

A: Yes, there is still time to contest a will; however, it's not clear what part you want to protest. You should consult with a probate attorney who is familiar with will contests.

1 user found this answer helpful

Isaac Shutt
Isaac Shutt
Answered
  • Probate Lawyer
  • Richardson, TX
  • Licensed in Texas

A: Yes. You get two years from the date of the original probate hearing to contest the will. It's important to file your contest ASAP, because a lot of the property may get transferred to the beneficiaries named in the "will." So, you want to try and contest the will quickly so you can prevent additional assets from disappearing. The Special Warranty Deed can be put on pause through the filing of a "lis pendens" in the real estate record, after your attorney files the will contest. This lis pendens helps prevent the property from being sold. Definitely call a probate attorney with experience in will contests. Many of us will offer free or inexpensive consultation meetings.

1 user found this answer helpful

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