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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.

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.

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

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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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