Austin Probate Litigation Lawyers

Austin Probate Litigation Lawyers Providing Support

The worst situation anyone could face when attempting to handle the death of a loved one is a legal challenge to the estate. Lawsuits against an estate are as emotionally charged and embittering as any legal battle in existence, which is why you should do everything you can to avoid making decisions based on emotions. You can accomplish this by working with an Austin probate litigation lawyer at Slater & Kennon.

Probate litigation usually arises when someone's will is changed in order to exclude someone who has been previously included in the inheritance or when someone is suddenly included when he or she was not in the previous version or versions of a will. Often times, these changes will occur when the testator , or person making the will, becomes ill or mentally challenged, thereby raising an issue of mental capacity at the time the will was changed.

The Austin probate litigation lawyers at Slater & Kennon handle the following types of claims within this legal realm:

Lack of Mental Capacity

In order to create a binding will or to make changes to a will that will stand up to legal scrutiny, the testator must possess the requisite mental capacity to do so, and this is called 'testamentary capacity.' This standard is similar to the mental capacity required in other areas of law, in that the person in question must basically be able to function mentally in a way that he or she is able to make sound decisions. This can be extremely difficult to prove one way or the other after death, which is why you will need the help of an Austin probate litigation lawyer to work towards a positive result.

Undue Influence

The classic case of undue influence often unfolds when a nurse, doctor or caregiver provides constant support for the testator prior to death, and that person suddenly appears in the will. This can be evidence that the person in question applied undue influence on the testator, but that must be proven in court in order for that person to be excluded from final administration of the estate.

Overall, there are other issues that can arise within this type of claim, but again, you need to make sure that emotion does not govern your judgment. Contact the Austin probate litigation lawyers at Slater & Kennon and let the firm handle your situation with extreme care and understanding.


Centrally located in the Arboretum area of north Austin, the Slater & Kennon law firm represents clients in Travis County, Bastrop County, Burnet County, Williamson County, and Hays County, including the cities of Austin, San Marcos, Bastrop, Burnet, and Georgetown.