Developments In Inheritance Laws

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Tortious Interference With Inheritance Rights.

Tortious interference with inheritance rightsWhat is it?

Tortious interference with inheritance rights is a tort where someone does something that has the effect of denying you an inheritance or gift that you should have received. It is a tort just like when someone runs a stop sign and injures you. Both of these actions are torts and you may be able to hold that other person liable for your damages.

It applies when a testator has been induced by tortious means to make his first will or not to make it; and it applies also when he has been induced to change or remake it. It applies also when a will is forged, altered or suppressed. It is well settled in Texas that “[a]ny intentional invasion of, or interference with, property, Continue reading

Credible Witnesses To A Will.

Credible WitnessTwo credible witnesses are required.

The Texas Estates Code requires every last will and testament, if not wholly in the handwriting of the testator, to be attested by two or more “credible witnesses.” The proponent of the will has the burden of proof to show that the witnesses who attested the will are “credible witnesses.”

What are credible witnesses?

The Texas Supreme Court has ruled that “credible witness” is synonymous with “competent Continue reading

Contractual Bequest In A Will.

Contractual bequest.Contractual Bequest

The Dallas Court of Appeals decided a case in 2013 that involved this contractual bequest in a will: if you “reside with and care for me until my death…” I’ll give you a million dollars. It also had a provision that if the lady failed to perform fully, then the bequest of one million dollars would not take effect.

The decedent’s daughter filed the will for Continue reading

Contingency Fees In Will Contest?

 Contingency fees when contesting a will?Contesting A Will

When you are forced to contest a will because someone is trying to keep you from your rightful inheritance, you have to retain an inheritance attorney. How you pay that inheritance lawyer may determine whether you can or can’t contest the will.

Hourly Fee

When you are contesting a will, you normally pay the inheritance attorney on an hourly fee basis. You pay month in and month out as the inheritance lawyer works on your case. Continue reading

Statutes Of Limitation In Will Contest.

Limitations can be fatal.Limitations can be fatal.

Texas has a two year statute of limitation for contesting a will. Other states have shorter or longer time limits for will contest. An example of a short period of time for challenging a will is the state of Indiana. The statute of limitation in Indiana is only three months after the will has Continue reading