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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.

Tag Archives: Crimes

Getting Someone To Make A Will May Be A Crime

 Obtaining a will maybe a crime in TexasTexas Law

Getting someone to make a will may be a crime in Texas. In a 2015 case out of the Dallas Court of Appeals, a man was convicted of a crime for getting an elderly woman to make a will naming him as a beneficiary. After the woman died, he filed the will for probate. Those actions constituted a crime according to the court of appeals because they were done with criminal intent. The court stated that “If performed with the requisite criminal intent to deprive whoever would otherwise have taken (the deceased’s) property after her death, the conduct alleged in this indictment—causing
(the deceased) to execute a will in his favor and then filing the will for probate—amounts to a criminal offense.” The court upheld a ten year sentence.

Ordinary Wills

This case does not apply to someone who urges an elderly person to make a will. Everyone should be urged to make a will. In the case decided by the Dallas Court of Appeals, there was evidence that the man who was charged, who was not related to the deceased, talked her into making a will for his benefit while she was in the hospital during her last illness. The lady had a child and her previous will named the child as her beneficiary.
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Can An Executor Or Trustee Go To Jail?

Failure To Follow An Order As with most legal questions, it depends. When a judge orders someone to do something and that person doesn’t do it, the judge can hold him in contempt and put him in jail. Failure To Pay A Debt Of The… Continue reading

Under the “slayer rule” can you inherit from someone you murdered if your are found incompetent?

The “slayer rule” is a rule that some states recognize that prevents someone convicted of causing a death from later profiting by inheriting from the deceased victim. As I’ve written before, Texas does not recognize the slayer rule except for insurance proceeds. In fact, Texas… 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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