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Interesting Developments In Inheritance Laws

My practice is limited to trials involving inheritance disputes including will contest, related property disputes and associated torts. To ask privately about a Texas litigation issue involving an inheritance dispute, click the big red button to go to our main site's contact page and ask a question privately.

Can You Probate An Invalid Will In Texas

Can you probate an invalid will in Texas

Invalid wills can be admitted to probate if not contested

The idea to take away from the case discussed in this article and similar cases is that this will had been admitted to probate. If the family had not contested it, the “friend” would have taken all the estate. Even invalid wills sometimes get admitted to probate as this one did. So to the question of “Can you probate an invalid will in Texas?” The answer is yes if the proper beneficiaries don’t take action quickly to contest the will.

Recent Case

In The Estate of Romo (not that Romo), the El Paso Court of Appeals ruled on a will contest case. The will had been filed by the testator’s “friend” and the judge admitted it to probate. It left the testator’s estate to the friend. Several months after the will had been admitted to probate, a will contest was filed by the testator’s family. The family offered a prior will that left all to the family. The will contest was filed because, allegedly, the testator did not have the mental capacity to make the new will and he was Continue reading

10 Reasons Not To Allow Pre-Death Will Contest

10 Reasons Not To Allow Pre-Death Will Contest

Background

Texas does not allow a pre-death (Antemortem) will contest. 254 sw2 862. As long as the testator is alive, Texas considers his will changeable and therefore, a will contest would be a waste of time. However, a few states allow pre-death will contest including Ohio, Arkansas, North Dakota, and Alaska. A few states like New Jersey are considering allowing them.

10 Reasons Not To Allow Pre-Death Will Contest

Will Sleeth, an attorney in Williamsburg, Va wrote an article about pre-death will contest. He explained what it is: Continue reading

Do You Have To Prove Up The Will, The Codicil Or Both In Texas

DO YOU HAVE TO PROVE UP THE WILL, THE CODICIL OR BOTH IN TEXAS

What is a Codicil

A codicil is a document that adds to, deletes from or supplements an existing will. It is inseparably dependent upon that will. It must be executed with the same formalities as a will.

What Must You Prove up If You Have a Will and a Codicil

There are several situations where you have proof of a will but not the codicil or proof of the codicil but not the will. Sometimes Continue reading

Do You Legally Know What Your Attorney Knows?

Do you know what your attorney knows in a will contest

Introduction

An attorney is an agent for the person (principal) that he represents. Agency law imputes the knowledge of the agent to the principal. If an agent knows something, the law says that the principal knows it as well.

Facts

An interesting case out of Ohio had the question of do you legally know what your attorney knows come up in relation to a will contest. In Ohio, Continue reading

London Courts Face Explosion Of Will Contest Cases

Explosion of will contest cases

Explosion of Will Contest Cases

The evening standard reports that London courts are facing an explosion of will contest cases.

“There has been a huge explosion of inheritance disputes. More people will be aware that they can do something about it when they are cut out of their parents’ will.” “We are seeing an increase in Inheritance Act claims brought by adult children …. claims of this nature will only become more common,”

Ageing Population Cause of Explosion of Will Contest Cases

An ageing population and rising levels of dementia have fueled a sharp rise in will disputes.

“People are living longer and we have a generation of children who are reliant on their parents.”

Some children (and, based on my experience, “friends” and “caretakers”) are taking advantage of the elderly.

The article “warned that a rise in court fees was leading more people to try to represent themselves.” “(T)he end result could be catastrophic for some.” While the court fees are not as high in Texas as they are in the UK, a person trying to represent themselves in a will contest case in Texas may be facing a catastrophe for them and their case.

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We handle litigation involving inheritance disputes. We don't prepare wills. We handle a select few cases on contingency. Don't use a comment to ask a personal question about an inheritance issue because your name and comment will be public. To ask a litigation question and to protect your privacy, click the red button to the right.


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