Texas Todd Signed Shortly Before Death, Granddaughter Was A Minor — Is There Any Possible Way To Challenge It Now?

I’m helping my girlfriend’s family look into a property situation in Texas and I’m trying to figure out what questions we should be asking a lawyer.

Her grandmother owned a house as her separate property. Her only biological son died before her, and his daughter is my girlfriend.

About 2–3 weeks before the grandmother died in 2018, she signed a Transfer on Death Deed giving the property to her stepson and his wife. It was recorded before she died, and they both survived her, so on paper the TODD looks valid.

The reason we started questioning it is because several family members remember her having pretty serious cognitive issues before she died. A couple years earlier she was already forgetting people she had known for years, repeating the same stories over and over, etc. The family also says her mental and physical health got much worse after her son died.

We know that doesn’t automatically mean she lacked legal capacity when she actually signed the TODD. We’re trying to find medical records or witnesses closer to the actual signing date.

Another thing we noticed is that the lawyer who prepared the TODD also notarized it. We don’t know who contacted the lawyer, who brought her there, who paid for it, whether either beneficiary was involved, or whether the lawyer still has notes/files from the meeting.

The house later went through a tax foreclosure and there are excess proceeds from the sale sitting with the court.

The granddaughter was only 14 when her grandmother died and turned 18 in 2022.

The part I’m really confused about is the statute of limitations.

Would the time to challenge a Texas TODD start when the grandmother signed it, or when she died and the TODD actually transferred the property?

And if the granddaughter was a minor when her grandmother died, could that toll the limitations period?

I’ve also seen that there may be a legal difference between:

Grandmother actually signed it but lacked capacity / was under undue influence, grandmother never personally appeared before the notary, someone else signed it, or some other execution problem.

Would those be treated differently in Texas?

We’re already planning to speak to a Texas probate/real estate attorney. I’m mostly looking for anyone familiar with Texas TODDs who can tell me what issues or cases we should specifically ask about.

Location: Texas