Undue Influence
Undue Influence Will Contests in Collin County, Texas
When a relative, caregiver, or newcomer isolates a vulnerable person and steers their will or beneficiary designations, the document on file may not reflect the person's true wishes. Our probate litigation team investigates how the will was made — not just what it says.
Three-element Texas test
Caregiver & isolation cases
Bilingual client support
Collin & DFW probate courts
Why People Call
The Two-Year Window Closes Fast
In Texas, a will may generally be contested within two years after it is admitted to probate (Tex. Est. Code § 256.204). Undue influence cases turn on memory, medical records, and witnesses who fade quickly — bank staff, caregivers, and neighbors who saw the isolation firsthand. The sooner we begin gathering that evidence, the stronger the case. Waiting until distribution is underway can mean assets are spent before a court can act.
What undue influence actually requires
A bad feeling is not enough. Under Texas common law, you must prove three things: the existence and exertion of an influence; that this influence subverted or overpowered the testator's mind at the very moment the will was signed; and that it produced a will the person would not have made but for that influence. We build each element with documents, not adjectives.
The red flags courts look for
Undue influence rarely happens in the open. The patterns we investigate include sudden isolation from family, growing physical or financial dependence on one person, late-life changes that favor the influencer, secrecy around the lawyer and the signing, and a new beneficiary who arranges and controls every step of the will's creation.
Who is allowed to bring the contest
Only an 'interested person' has standing — typically an heir, a devisee under a prior will, a spouse, a creditor, or someone with a property right in or claim against the estate (Tex. Est. Code § 22.018). One of our first steps is confirming you have standing, because a contest filed by the wrong party goes nowhere.
Why this firm
Probate litigation here is led by a pairing built for these fights: Therese Gutierrez, a probate and estate attorney who works with families in English, Filipino, and Tagalog, and Stephan D. Hwang, a litigator since 2007 with appellate experience before the Fifth District Court of Appeals in Dallas. We are not board certified; we are experienced trial-ready advocates in the Collin County and North Texas probate courts.
Good Fit
Cases we are built to handle
A late-life will change suddenly favors a caregiver, new partner, or one isolated child
The vulnerable person was dependent on the new beneficiary for housing, money, or medical care
Family was cut off from contact in the months before the will was signed or changed
The new beneficiary arranged the lawyer, drove to the signing, and controlled the process
You are an heir, prior devisee, or spouse and the estate has meaningful value to fight over
May Not Need Us
When a full probate lawyer may not be necessary
You simply disagree with a competent person's lawful choice to leave more to one heir
There is no isolation, dependence, or control — only hurt feelings about the result
The disputed estate is too small to justify the cost and stress of litigation
How We Work
Clear next steps before you hire us
We start with a 15-minute attorney consultation to identify whether the estate has a court problem worth solving. If it does, we explain whether the matter fits a flat fee, hourly work, or contingency structure where appropriate.
Standing and timeline review
We confirm you qualify as an interested person and pin down the contest deadline against the date the will was admitted, so nothing is lost to the clock.
Evidence and influence mapping
We gather medical and financial records, drafting-attorney files, and witness accounts to map who controlled the testator and how the will was actually produced.
Resolve or try the case
Many contests settle once the evidence of control is laid out. When the other side won't move, we are prepared to try it in the appropriate probate court.
Common Questions
Probate Questions Before You Call
How long do I have to contest a will for undue influence in Texas?
What's the difference between a relative just being persuasive and undue influence?
Do I have standing to contest the will?
Related Probate Help
Talk to a Probate Litigation Attorney
If you believe a loved one was pressured into a will that doesn't reflect their wishes, our team will review the facts and the deadline with you. Serving McKinney, Southlake, and the greater DFW metroplex.