Leading estate planning and probate attorney Karen Kisch, founder of Kisch Law Firm in Houston, TX, discusses the legal and emotional complexities involved in contesting wills and how families can prepare for potential disputes. For more information, please visit https://kischlaw.com
-- Contesting a will is a delicate and often emotional process that only certain individuals can pursue under specific legal grounds, says Karen Patricia Kisch, founder of Kisch Law Firm, PLLC, a leading estate planning and probate law firm in Houston, Texas.
“Probate is the legal process for settling an estate and distributing assets according to a will or estate plan,” Kisch explained. “Most estates proceed smoothly, but disputes can arise when someone believes a will is unfair, invalid, or made under questionable circumstances.”
Only individuals with legal standing—heirs, beneficiaries, and creditors—can challenge a will. “Anyone with a legitimate stake in an estate, including family members or children, may contest a will if they were left out or received less than expected,” she said. Many wills, however, include ‘no-contest’ clauses, which can disinherit anyone who unsuccessfully challenges the document.
Kisch noted that contests often arise from undue influence, lack of mental capacity, fraud or forgery, or improper execution. “Evidence is key,” she said. “For example, sudden changes in a will or the inclusion of someone close to the deceased can raise red flags. Medical testimony may also be critical to prove incapacity at the time of signing.”
She added that probate can be delayed if executors fail to fulfill their duties, such as filing inventories, transferring property correctly, or providing information to beneficiaries and the court. “Without proper documentation, the probate court cannot close the estate,” Kisch said.
Because litigation can be lengthy and costly, Kisch encourages mediation as a less adversarial alternative. “Family disputes can escalate quickly. Mediation lets parties resolve issues fairly without tearing families apart,” she explained.
Timely action is critical, as legal contests generally must be filed before probate is granted or within 120 days of the hearing to admit the will. “People need to understand the stakes,” she cautioned. “If you lose a contest, you may have to cover the other side’s legal fees, and family relationships can be permanently affected.”
To minimize disputes, Kisch advises early and thorough estate planning. “Many people wait too long to draft a will, increasing the risk of mistakes or challenges. A qualified probate attorney ensures your wishes are respected and your loved ones are spared unnecessary stress,” she said.
Contact Info:
Name: Karen Patricia Kisch
Email: Send Email
Organization: Kisch Law Firm, PLLC
Address: 113100 Wortham Center Drive, 3rd Floor, #1031, Houston, TX, USA
Phone: (844) 547-2452
Website: https://kischlawfirm.com
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