Financial accounts do not go through probate. The financial institution gives the money directly...Read More
Tag: Joint accounts
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
When Are You Dead For Probate Purposes Everybody knows when you are dead, right? When the question involves when are you dead for probate purposes the answer is not quite so settled. I have written before on this question of...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.
When someone is found to have breached a duty, a large judgment can be rendered against them. If they can’t afford to pay the judgment, they can file for bankruptcy and ask that the judgment be discharged meaning that they...Read More
The short answer is no. The long answer is, it depends. Texas is a community property state. That means that a husband and wife have community property and separate property. Separate property is everything acquired before...Read More
Joint accounts are accounts, usually with a financial institution, where more than one person has rights to the account. Deciding what those rights are is a problem often faced in contested probate cases. The courts look at the...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