When Do Beneficiaries of a Will Need a Lawyer?

 Posted on February 15, 2026 in Estate Planning and Probate

When you’re coping with the recent loss of a loved one, going through probate to receive his or her assets can be exhausting. Legal problems can make the process even more difficult, especially if you are unfamiliar with probate law. To protect your rights as a beneficiary, consider reaching out to a Comal County, TX estate litigation attorney.

Geoff Mayfield, Attorney at Law, provides beneficiaries with strong counsel and representation for a variety of issues, whether it concerns a fiduciary, the will itself, or another subject entirely. As a solo practitioner, Geoff Mayfield can develop a legal strategy tailored to your specific needs and concerns.

Reasons to Consider an Attorney for Probate Issues in 2026

Many beneficiaries expect a will to work like a set of simple instructions. In real life, probate can feel more like a long checklist with deadlines, filings, and tense family conversations. Even when everyone means well, mistakes happen. For instance, documents can get lost, or someone may miss an important deadline.

A probate attorney can help you gather the key paperwork, such as the will, death certificate, asset statements, deeds, account records, and creditor notices. A lawyer can also explain what you are entitled to receive, and what you are not. If the estate needs to go before a judge, your attorney can file the right pleadings, speak for you in court, and push back when another party tries to delay the process. When conflict starts, having counsel early can keep a disagreement from turning into a full family rupture.

Challenging a Will Based on Undue Influence

Sometimes a will feels "off." When you suspect that someone else exerted control over the will or tried to manipulate the testator, you could take legal action for undue influence. In cases like these, a probate lawyer’s assistance can prove invaluable in building a case.

To prove undue influence, you might have to ask several questions. Who was present when the will was discussed? Who drove the person to meetings? Who handled mail, banking, or medical appointments? Did the person become isolated from family and friends? Did a beneficiary control access to the person, or speak for the person in ways that felt forced?

Our lawyer can help you gather records and witnesses that show concerning patterns. That can include text messages, emails, caregiver logs, medical notes, and testimony from people who saw the relationship shift. Undue influence claims are also time-sensitive. If you wait too long, the estate can be distributed, and it becomes harder to articulate what happened.

What Is Testamentary Capacity, and Why Does it Matter to Beneficiaries?

Testamentary capacity is the basic mental ability a person must have to make a valid will. In plain terms, the person needs to understand what a will is, what property they own, and who their close family members are. The person also needs to understand that the will controls who receives the property at death.

Capacity can become an issue when a will is signed during a serious illness, late-stage dementia, heavy medication, or a period of confusion. Beneficiaries sometimes see warning signs, such as repeated memory lapses, paranoia, disorientation, or a sudden inability to manage daily tasks. Families also see moments where a person seems fine one day and confused the next. That gray area is where disputes grow.

A probate lawyer can help you look for objective evidence. Medical records can show a person’s cognitive ability, but other evidence can be considered as well. Witness testimony, patterns in gifting, and the timeline of the person’s decline may give reason for pause. If the facts support a challenge, our attorney can help you raise the issue in court.

When Can You Petition to Remove the Executor of a Will?

Beneficiaries often assume the executor will act quickly and fairly. Many do. Some do not. When the personal representative fails to do the job, beneficiaries can be left in the dark for months, or longer.

In Texas, removal can come up when an executor fails to file required paperwork, refuses to provide information, mishandles assets, or has a conflict of interest that blocks fair decisions. Not every removal case involves an executor acting in bad faith. Sometimes the executor is overwhelmed, disorganized, or simply unwilling to communicate. The result can still harm the estate.

Our probate attorney can help you evaluate whether the conduct rises to a level that justifies court action. We can also help you request an accounting, push for compliance, and ask the court for removal when the facts support it (Tex. Estates Code § 404.0035). Removal cases need careful handling. If you file too early or without proof, the court may view it as a family fight rather than a real probate issue.

Do I Need Legal Representation in an Heir Dispute?

Heir disputes often happen when there is no will, when a will is unclear, or when family members disagree about who should receive what. These conflicts can involve biological children, adopted children, stepchildren, former spouses, or relatives who have been out of touch for years. They can also involve questions about whether a marriage was valid, whether a divorce was final, or whether someone is legally recognized as an heir.

In an heir dispute, a relative might claim someone else is not "real family." Another might argue that a person promised them a house, even though the paperwork says otherwise. If you feel pressure to sign something, or you are being asked to accept a smaller share "to keep the peace," you should speak with counsel before you agree. 

A lawyer can also help you avoid common mistakes, such as sharing incomplete information, posting about the dispute online, or making a demand that triggers retaliation from the other side.

Contact a Wilson County, TX Probate Lawyer

If you are a beneficiary and you feel stuck, you are not alone. Probate can move slowly, and conflict can make it worse. Geoff Mayfield, Attorney at Law, can help you understand your rights as well as what options you have to resolve the issue. To schedule a free consultation, call our Comal County, TX estate litigation attorney at 210-535-0870 today.