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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.

How To Revoke A Trust In Texas

How to revoke a trust in Texas

How can you revoke a trust in Texas?

In a recent case in Texas, a mother and father had a trust for the benefit of their two children. The mother died. The father later remarried and had two additional children. The father attempted to revoke the first trust and made provisions for the property to go to his four children, share and share alike. When the father died, one of the first two children asked the court to declare that the revocation of the first trust was invalid. The court agreed stating: Continue reading

Is A Will Voidable Because of Public Policy

Can a Texas will be voided based on sexual abuse

Backbround

In 2016, the Texas court of appeals in Austin had to decide if a will was voidable because of public policy. The testator had one child, a girl. Two days before he died, he executed a new will that disinherited his daughter. The daughter contested the will. Her principal theory was that her disinheritance by her father violated ” public policy” –namely Texas’s strong public policy against sexual abuse of children. As her basis for that theory, she alleged that her father had abused her sexually while she was a Continue reading

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

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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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