Types

Correcting a will or trust in Texas

The Probate Judge can correct or reform a will or trust if it is clear that "an error was caused by a scrivener's or draftsman's failure to embody the true agreement of the parties in a written instrument." So, the question always is - does the will or trust show the true agreement of the parties or did the scrivener or draftsman (the attorney) make a mistake.

A 2019 case showed the problems that the courts can encounter. A man and woman got married. The wife had a child "Edna" who the husband adopted. They later had two more children, Ignacio and Esperanza. They created a trust through their attorney. In the trust, they said we have two "children" and named Ignacio and Esperanza. The problem was that that definition was the only place in the trust where they used the word "children." The rest of the trust disposing of their property refered to their "descendants". 

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Probating a Lost Will?

Probating a lost will in TexasA problem that comes up from time to time is the issue of a lost will. Lost wills are problems because there is a presumption that when a will cannot be found, the testator revoked the will by destroying it. One of the methods by which a will can be revoked is by destroying the original copy of the will. When a will was last known to be in the decedent's possession and cannot be located after death, a rebuttable presumption of revocation arises. In order to overcome that presumption, the proponent of the will must prove that the testator continued to have affection for the chief

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Learn How a Will is Probated in Texas

Learn How a Will is Probated in TexasIndependent Executor

The form of probate most familiar to clients is the probate of the will with the appointment of an executor of will. What some refer to as an Executor will. This provides for probate of a will with full administration of the estate by the executor of the will, the person nominated by the Decedent as executor.

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Robert Ray is Board Certified

Robert Ray is the Editor and owner of this site. Board Certified, Personal Injury Trial Law — Texas Board of Legal Specialization.

We handle cases throughout Texas. Our principal office is in Lantana, Texas (DFW area).

Robert Ray Texas Inheritance

Click here to email us or to go to the contact form if you want to contact us about a Texas inheritance dispute.

Robert Ray is Board Certified

Robert Ray is the Editor and owner of this site. Board Certified, Personal Injury Trial Law — Texas Board of Legal Specialization.

We handle cases throughout Texas. Our principal office is in Lantana, Texas (DFW area.)

Click here to email us or to go to the contact form if you want to contact us about a Texas inheritance dispute.

Inheritance Updates

blogInteresting inheritance news on our blog, take a look blog.