As probate attorneys, we see a lot of wills that just don’t cut it. We see everything from wills that fail to name executors, that fail to mention anything about death or dying, that fail to have witness signatures, etc. While we get that folks like to save a few dollars and skip the estate…
Tag: will contest
Undue Influence Claims Texas Probates for Late-Life Remarriage and Relationships
Last minute estate plan changes often result in disputes. These disputes often involve situations where a elderly and newly widowed parent remarries or finds a new romantic partner quickly after their spouse’s death. There are often questions by the adult children about whether the new spouse or partner gained influence over the parents’ finances, particularly…
Contesting a Will After Filing a Waiver in the Probate
Your parent dies and you and your sibling are on good terms. There is a will. You agree that the will is valid. Your sibling is named as the executor in the will. To help facilitate and speed up the probate of the will, you sign a waiver consenting to the will being probated. This…
Illegal Sales and Possession of Property in Texas Probate: A Real-Life Example
Probate is the legal process of distributing a deceased person’s assets to their beneficiaries. It can be a confusing and stressful time for beneficiaries, especially if the executor of the estate is not communicating or acting in their best interest. This blog post will explore a case study of a beneficiary seeking assets from their…
Will Contests in Texas Probate Courts
Will contests in Texas probate courts are legal proceedings in which the validity of a last will and testament is challenged. These types of cases can be complex and emotionally charged, as they often involve disputes between family members over the distribution of a loved one’s assets. Validity of a Will in Texas In order…
What If There Is Contradictory Language In a Will?
If you’re reading this, then you’re probably wondering what would happen if there is contradictory language in a Texas will. The answer isn’t as simple as you might think. In fact, it depends on a number of factors, including the type of contradictions and the specific wording of the will. That being said, there are…
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…
What Is Considered a Will Contest in Probate Court?
Legal Terminology Impleaded: To bring in a third party to a lawsuit who might be liable to either the plaintiff or the defendant. Probate Case Klein v. Dimock, 705 S.W.2d 405 (Tex. App. – Fort Worth 1986, writ ref’d n.r.e.) Facts & Procedural History L.A. Klein (Testator) and his wife, Mary Louise, executed a joint…
Evidence That a Will Was Not Revoked
Terminology Intestate Heirs: Individuals who are legally entitled to inherit from the estate of someone who does not leave a valid will. Probate Case Estate of Glover, 744 S.W.2d 939 (Tex. 1988) Circumstances & Procedural History: Proving a New or Old Will This case pertained to a will contest between a will beneficiary and several…