Interesting Developments In Inheritance Laws

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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. People appealing a case are the appellants. They appeal the case against the appellees.

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.

Can A Will Be Signed By Initials In Texas

Can a will be signed by initials in Texas

What are the requirements of a will in Texas

Texas requires that a will be in writing and signed by the testator or signed by another person on behalf of the testator and in the testator’s presence and under the testator’s direction.

Can a will be signed by initials in Texas

What happens if Continue reading

Gift Deeds In Texas

Gift deeds in Texas

What are the requirements for deeds in Texas

To be a valid deed, the document must be (1) in writing, (2) signed, (3) describe the property, and (4) delivered. TPC §5.021.

What are the requirements for gift deeds in Texas

To be valid, gift deeds in Texas further require the document set forth (1) the intent of the grantor, (2) the delivery of the Continue reading

Can you have a secret common-law marriage in Texas

Can you have a secret common law marriage in Texas

Texas Law

Texas recognizes common-law marriages or what Texas refers to as” informal” marriages. An informal marriage may be proved by one of two ways. The first way is to introduce a declaration of informal marriage that has been filed with the County clerk. If there is no declaration of marriage, a common law marriage may be proved by showing: (1) agreement to be married; (2) after the agreement, living together in Texas as husband and wife; and (3) representing to others in Texas that they were married. FC §2.401. The statutory requirement of “represented to others” is synonymous with the judicial requirement of “holding out to the public.” Both of these methods of proving an informal marriage depend upon the marriage being open and obvious to anyone who bothers to look.

Can you have a secret common-law marriage in Texas

What happens in those circumstances when the informal marriage is kept secret from a few are many people? The courts have held that a marriage that was secret from only a few members of the couple’s family was a common-law marriage because the marriage was widely known in the community. 734 S.W.2d 27. On the other hand, courts have denied a common law marriage when the marriage was know to only a few. 333 S.W.2d 361. In other words the cohabitation must be professedly as husband and wife, and public, so that by their conduct towards each other they may be known as husband and wife.

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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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