After the death of a loved one, the last thing you want to deal with is legal paperwork and court battles. But if you feel like you have been wrongfully left out of a will, or if you think the will is not valid, you may have no choice but to contest it. The process…
Tag: probate litigation
What Presumptions Do Probate Courts Make Regarding Language in a Will?
In Texas, as in other states, a testator – the person who made the will – must be of “sound mind” to make a valid will. This means that the testator must understand that he or she is making a will, knows the natural objects of his or her bounty, and understand the disposition he…
Fighting Among Relatives, No Will, and Other Things That Can Hold Up Your Texas Probate
No one likes to think about what will happen after they die, but it’s important to have a plan in place. If you don’t, your loved ones may have to deal with a lot of complications. One of the biggest problems they might face is probate. Probate is the legal process of distributing a person’s…
Do You Have to Give Notice to a Decedent’s Creditors?
We all know that creditors can be a nuisance when someone dies owing them money. But what you may not know is that, in Texas, there are specific laws regarding how to handle a decedent’s creditors. If you’re the executor of an estate in Texas, it’s important to understand your obligations when it comes to…
Can an Attorney Be the Beneficiary of a Will?
Overall, naming your attorney as a beneficiary of your will in Texas is possible, but there are some significant limitations that you should be aware of before you do so. What is a valid will? In Texas, a will is a legal document that outlines an individual’s wishes for how their property and belongings should…
Can evidence of past misconduct toward an estate be used to prove undue influence?
In order to understand if evidence of past misconduct can be used as evidence of undue influence, it is first important to understand what undue influence is. Undue influence is defined as “excessive pressure on a person that causes that person to act or refrain from acting in a way that is not free from…
Is a Typed Will Valid in Texas?
There is a common misconception that a typed will is not valid in Texas. This is simply not true. A typed will is just as valid as a handwritten one, as long as it meets the requirements set forth by the state. So, what are these requirements? First, the will must be in writing. It…
Who Has the Burden of Proof in a Will Contest?
Introduction Probate is the legal process of validating a will and distributing a deceased person’s assets to their beneficiaries. In Texas, if someone dies with a valid will, their estate will generally go through probate. However, there are some exceptions. For example, if the estate is small or if all of the assets are held…
Are You an “Interested Party” If You Already Received Benefits from a Will ?
Legal Terminology In Limine hearing: A procedure that allows parties to exclude evidence from a jury Uninterested persons: Anyone who has a property right or claim against the estate being administered Probate Law Case Sheffield v. Scott, 620 S.W.2d 691, 693 (Tex. App. — Houston [14th Dist.] 1981, writ ref’d n.r.e.) Facts and Procedural History…