Grand Prairie, TX asked in Probate for Texas

Q: My father passed away last year and my stepmother just passed away. If she changed her will can I contest it?

I have her previous will that left all her estate to me. Additionally she was suffering from mild dementia and was on a lot of medications from a stroke 10 years previous. One of her caregivers had power of attorney. The estate was very large and all my families furniture, pictures, and collectibles are locked up in the house.

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1 Lawyer Answer
Terry Lynn Garrett
Terry Lynn Garrett
  • Probate Lawyer
  • Austin, TX
  • Licensed in Texas

A: You can contest it but you may find it very, very difficult to prove either undue influence or lack of legal capacity and very, very expensive to try to do so. You may also find that the Will has a "no contest" clause which leaves you with nothing if you contest.

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