Background In Estate of Crawford, 14-17-00703-CV, (Tex. App. – Houston  November 9, 2017) the court of appeals ruled that you can waive your right to appeal in a suit contesting a will. A will was filed for probate by...Read More
Tag: Contesting Wills
Facts A recent court of appeals decision illustrates what happens when you file an inheritance dispute in the Wrong Texas Court. An elderly Texas man had nine children. In the last few years of his life, one of his children...Read More
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...Read More
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...Read More
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...Read More
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...Read More
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...Read More
A professor at one of Texas’ Law Schools wrote an article about the future of marijuana and Probate in Texas. You can find the article here. Abstract With the legalization of medical and recreational marijuana in almost...Read More
England seeing an increase in will contest, why? For the same reasons Texas is seeing an increase in will contest. I have previously written on why contesting a will has become more common. You can view that article here. An...Read More
In Rem Proceedings Will Contest in Texas are in rem proceedings which means that notice to all the heirs is not required. It is up to each interested party to keep themselves apprised of the status of any probate case. Tennessee...Read More
History of Undue InfluenceThe doctrine of undue influence derives from English courts. A will contest heard by Sir Francis Bacon as the Lord Chancellor of England in 1617 illustrates common aspects of the process of undue influence which emerged in the context of a will contest. These aspects include frail health, and physical dependency, false affection, relationship poisoning, threats and mistreatment, and involvement in the execution of documents by and in favor of the alleged abuser. UNDUE INFLUENCE: DEFINITIONS AND APPLICATIONS.
Relationship poisoning and undue influence.What is relationship poisoning in the context of a will contest? A Texas court held that when a person makes negative remarks about a person’s children and reinterprets historical events in a negative manner, the jury can consider these acts as relationship poisoning. Based on the relationship poisoning, the jury can find undue influence and the verdict will be upheld.
Undue Influence in TexasOur main site, www.TexasInheritance.Com has more information about undue influence in Texas.
Background In small counties in Texas, the county judge hears probate matters. The county judge is an administrative position similar to that of a mayor in a city. The judge does not have to be an attorney. Since most probate...Read More
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Board Certified, Personal Injury Trial Law — Texas Board of Legal Specialization. We handle litigation cases related to inheritance disputes including will contest, related property disputes and associated torts throughout Texas. Our principal office is in Tyler, Texas. Contact Robert