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.
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
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
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
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.
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