Texas Inheritance Alert: When Self-Proved Wills Fail in Court
Discover the surprising limitations of self-proved wills in Texas. Learn from a real court case why your estate plan might not be as secure as you think.
128 articles
Inheritance Rights for Out-of-Wedlock Children
Can a 1966 law stop a biological child from inheriting? Learn how the Zeller v. Allen case impacts inheritance rights for out-of-wedlock children in Texas.
Avoid a Texas Mineral Inheritance War—Read This First
A single will phrase sparked a Texas mineral rights will fight. Learn the mistake and how to keep your family’s oil checks out of court.
$30M Will Denied; Decedent Incapacitated because of Alzheimer's
Daughter's "let them prove incompetence" email backfires in $30M Texas will contest; doctor declared father incapacitated due to Alzheimer's.
Does a Will Witness Need to Know What They're Signing?
A Texas court ruled a will is valid even if a witness doesn’t know what it is. Learn what this means for you!
Hidden Will, Broken Trust: A Texas Family Feud
When a brother concealed trust details, a Texas court stepped in. Read the shocking case and protect your family’s legacy.
Texas-Sized Trouble: Why Venue Matters in Your Inheritance Dispute
Confused about venue rules in Texas probate cases? Learn how to choose the right court for your inheritance matter. Find out what factors determine the proper location.
Handwritten Will Invalid: Texas Case Highlights Key Requirements
Explore a recent Texas court case on holographic wills and learn why handwritten wills may not hold up in probate. Get expert insights on valid will requirements and essential estate planning tips.
Texas Slayer Rule
Discover why the Texas Slayer Rule is unique and differs from other states—expert guidance on preventing killers from inheriting through constructive trusts and court action.
Understanding Inheritance Litigation: A Texas Case Study"
Unravel the complexities of inheritance battles with our informative blog post. Explore a real-life case in Texas that explores the dispute over the inheritance of a John Deere tractor.
Texas Estate Battle: How the Validity of Wills Divided a Family
Can a handwritten will override a later one? Explore a Texas family's legal battle over an inheritance and discover crucial lessons about will validity and probate.
Understanding Estate Inventories in Texas: A Guide for Beneficiaries
An inventory is a comprehensive list of all the assets of the estate and all claims against it. If an incorrect inventory is filed, you must object to it in a timely way, or it may be too late.
How Timing Affects Texas Inheritance Claims
How Timing Affects Texas Inheritance Claims—don't lose your inheritance by failing to claim it before the statute of limitations runs our.
Texas Supreme Court Rules on Lost Wills
A lost or missing will can be probated in Texas if you follow the requirements and prove it was not revoked.
What You Need to Know about the Burden of Proof in Contesting a Will
When a will is contested, it is important to contest it early, otherwise, the burden of proof will shift to the contestant instead of the proponent.
Definition of Guardianship
Wondering what guardianship is and what the process entails in Texas? Read our blog post to find out more information on the process.
Navigating Power of Attorney Abuse in Texas: Your Comprehensive Guide
Learn what to do when a person holding a power of attorney abuses that power and causes damage to the person who gave them the power.
Who Receives Notice of Probate?
Who receives notice of probate in Texas? If you are not a named beneficiary in the will, you don't receive personal notice and must be aware.
Void Versus Voidable Marriages
Discover what sets void and voidable marriages apart in the eyes of the court.
Who Can Contest a Texas Probate?
In order to be involved in a Texas probate case, a person has to have standing. Standing means that the person has a pecuniary interest in the outcome.
Can You Have an Heirship Determination if There is a Will?
Heirship/heirship/ Proceedings in Texas The Texas Estates Code provides that the probate court "may conduct a proceeding to declare heirship/heirship/…
Signing a Will in All the Wrong Places
Signing a will in Texas with a mark, initials or a full signature may be OK as long as the testator intended the document to be his will.
Presumption of Undue Influence
When an action benefits the fiduciary in any way, there is a presumption of unfairness and the burden is on the fiduciary to show otherwise.
How do I claim my inheritance Texas
Claiming your inheritance in Texas is easy if there is a will and everyone agrees. However, problems arise and you need help.
Don't Use Wills Found on the Internet
Words have meaning. If you use the wrong words in a will or trust, you may deprive your beneficiaries of their legacy from you.
Can a testator make hand written changes to a will
As a general rule, if a will is not “wholly” in the handwriting of the testator, it must be attested to by two credible witnesses.
Relationship Poisoning
Texas probate law recognizes relationship poisoning as evidence of undue influence. See how to challenge a suspicious will change.
WHAT CONSTITUTES A SIGNATURE ON A WILL
A holographic will is one that is wholly in the handwriting of the testator and signed by him. What constitutes a signature is often contested.
Precatory words in a Texas will
Precatory words - words of desire and wishes should not be used in a Texas will because they may not pass property as you expect.
What can go wrong if you represent yourself - part 2
Representing yourself in court in probate matters or inheritance issues is problematic because the estate is a person you can't represent.
How bad people use undue influence
This article is about ways that people exert undue influence to obtain the property or estate of others. The two year limitation period applies.
When Can a Texas judge change or reform a will
A trust can be reformed based on a scrivener's error (a mistake made by the attorney as opposed to a mistake by the clients.)
Challenging a Joint Account
Challenging a pay of death (POD) or joint account with right of survivorship account is difficult but cah be done. Don't accept them at face value.
Contesting a Will Because of Undue Influence
Undue influence takes many forms. Almost all involve taking advantage of the elderly. Relationship poisoning is a form of undue influence.
Podcast - Contesting a will with a no contest clause
Many people are concerned about contesting a will in Texas because they know that the will has a no contest clause. Learn more!
Contesting a Will Because of Lack of Testamentary Capacity
The most successful grounds for contesting a will in Texas is lack of testamentary capacity. Older people with deminished capacity can be manupliated.
Testamentary Capacity Checklist
In Texas, a person must have testamentary capacity to sign a will. This is a checklist of what is required to show testamentary capacity.
Podcast - revoking a will in Texas
This podcast discusses some of the ways in which a will can be revoked as well as some problems that arise about attempted revocation of a will.
Podcast - Time limits for contesting a will in Texas
Contesting a will is limited to filing within a certain amount of time - what the law refers to as the statute of limitations.You may be surprised to learn that the statute of limitations for contesting wills does not start at the time of death, but when the will is admitted to probate.That means that if you feel a will should be contested, you must act quickly. If you have a meritorious claim but you don't act quickly, your claim can be lost. This podcast discusses the issues that a person contesting a will must keep in mind. What are the time limits or statute of limitations? When do they start running? Remember, contesting a will is not about greed. It is doing what is right to make sure that our elderly are not taken advantage of by someone. As tragic as it is, abuse against our elders is on the rise. Whether by caretakers, friends, siblings, or even their own children, we are seeing more and more cases of seniors being abused into revising their will.
Can a Husband or Wife Inherit After a Divorce in Texas?
Texas law provides that all provisions in a will in favor of a former spouse “must be read as if the former spouse failed to survive the testator” and are…
Can the lawyer be a beneficiary?
The quick answer is no, he can’t. Texas has a statute that says that a devise or bequest of property in a will to the attorney who prepares or supervises…
Find Out How a Bank Can Breach a Fiduciary Duty
In a Texas case decided in 2005, a man had an account at a financial institution. He originally opened the account as a joint account with right of…
Find Out Who is an Interested Party for Probate Purposes?
In order to start or join a probate matter in Texas, you have to be an interested party. That term has a specific meaning.
Learn About Limitations for Removing a Trustee
In Ditta v Conte, a Texas Supreme Court court case in June 2009, the Court decided the issue of what statute of limitations applies when someone attempts…
Learn About No Contest Clauses Or In Terrorem Clauses In Texas
Almost all wills have a no contest clause in them. You should not be worried about the clause if you bring a contest in good faith and with just cause.
Who is a "descendant" in Texas Probate Court?
Sometimes it is difficult to determine who is a descendent in today's large and mixed families with half-children, step-children, etc.
Contesting a Will Because of an Insane Delusion
A claim of “insane delusion” resembles a claim of lack of testamentary capacity and is sometimes considered to be a sub-category of testamentary capacity.…
Contesting a Will Because of Forgery
It almost goes without saying but if a Texas will is forged, it will not be admitted to probate. A person’s signature can vary fiom one document to the…
Contesting a Will Because of Fraud in the Factum
"Fraud in the Factum" occurs when a testator is misled as to the nature or content of the instrument being executed. A mistake of fact or law must be…
Contesting a Will Because of Improper Execution of the will
In Texas, wills must be executed with proper formalities. If it is not executed with those formalities, the will not be admitted to probate.
Revoking A Will In Texas
Revoking a will in Texas requires action by the Testator. Learn the ways a will can be revoked in Texas
Texas Statute of Limitations or Probate Limits to Challenge a Will.
Texas has a two-year statute of limitation to contest a will. There may be other things that can be done but generally, the two-year rule applies.
Statute of limitations in Texas for contesting any document on undue influence or mental capacity
Undue influence in Texas, the rules of undue influence apply substantially alike to wills, deeds, and other instruments.
10 Factors To Determine Undue Influence In Texas
Undue is usually a subtle thing and by its very nature usually involves an extended course of dealings and circumstances.
5 Grounds For Contesting Wills In Texas
Read about the 5 most common grounds for contesting a will in Texas. There are other reasons, but these are the most common.
Contesting a Will Because of Fraud in the Inducement
"Fraud in the Inducement" occurs when a fact “outside of the document” is intentionally misrepresented and, without such misrepresentation, the testator…
Contesting a Will Because of Sexual Abuse or Sexual Assault
Your rights as a sexual abuse or sexual assault victim. It may seem strange to list sexual abuse or sexual assault under the heading of "grounds" for…
Start here to Learn About Contesting Wills in Texas
Contesting a Will is Not About Greed. Whether by caretakers, friends, siblings, or even their own children, seniors are being abused to rewrite their wills.
Undue Influence in Texas can Invalidate Wills, Deeds, and Other Instruments
Undue Influence in Texas is usually brought up in the context of contesting a…
In A Texas Will Contest, Can You Waive Your Right To Appeal
Background In Estate of Crawford, 14-17-00703-CV, Tex. App. - Houston 14 November 9, 2017 the court of appeals ruled that you can waive your right to…
What Happens When You File An Inheritance Dispute In The Wrong Texas Court
Things can go wrong and you could lose your case if you don't know what you are doing. Individual, non attorneys, are held to the same standard as attorneys.
Is A Will Voidable Because of Public Policy
Background In 2016, the Texas court of appeals in Austin had to decide if a will was voidable because of public policy. The testator had one child, a…
Can You Probate An Invalid Will In Texas
Invalid wills can be admitted to probate if not contested The idea to take away from the case discussed in this article and similar cases is that this…
10 Reasons Not To Allow Pre-Death Will Contest
Background Texas does not allow a pre-death Antemortem will contest. 254 sw2 862. As long as the testator is alive, Texas considers his will changeable…
Do You Have To Prove Up The Will, The Codicil Or Both In Texas
What is a Codicil A codicil is a document that adds to, deletes from, or supplements an existing will. It is inseparably dependent upon that will. It must…
Do You Legally Know What Your Attorney Knows?
Introduction An attorney is an agent for the person principal that he represents. Agency law imputes the knowledge of the agent to the principal. If an…
London Courts Face Explosion Of Will Contest Cases
Explosion of Will Contest Cases The evening standard reports that London courts are facing an explosion of will contest cases. “There has been a huge…
Can A Will Be Signed By Initials In Texas
A signature by initials executes a will if the instrument is testamentary in character and if the testator meant his initials to be his signature.
Can you have a secret common-law marriage in Texas
Courts have denied a common law marriage when the marriage was known to only a few.
Breaching A Fiduciary Duty In Texas
There are many ways of breaching a fiduciary duty in Texas. Any time the fiduciary gains something of value, it is subject to a claim of self-dealing.
Marijuana and Probate in Texas
The interaction between marijuana and probate in Texas will change the playing field of inheritance disputes if Texas joins other states.
How To Disinherit Someone In Texas
How To Disinherit Someone In Texas depends on when a person died.
Can An Affidavit Be A Will
Can an affidavit be a will? Yes it can be. A document that shows an intent to dispose of property on death can be a will.
England Seeing Increase in Will Contest
The increase in will contest is directly related to the change in the family structure and the extended life times that we have today.
Do All Heirs Have To Join A Will Contest?
Do all heirs have to join a will contest in Texas? If a person doesn't join a will contest, they may lose their inheritance if the will contest is settled.
Arbitration Clauses In Wills
Arbitration clauses in wills may be enforced
Relationship Poisoning And Undue Influence
Relationship poisoning is a from of undue influence in Texas. Relationship poisoning is a ground for contesting a will in Texas.
Good Faith Exception in Will Contest
Texas courts will recognize a Good Faith Exception in Will Contest relating to no contest clauses in wills
Elder Abuse Is Increasing
Elder abuse is increasing, especially financial abuse, causing families to have to resort to post-death remedies such as contesting the will.
Agreement Not To Contest A Will
Agreement not to contest a will in Texas. Are they enforceable?
Necessary Parties To Will Contest
Necessary parties to will contest must be made part of the suit or it may be dismissed.
Probating A Newer Will
Probating a newer will after an older will has been probated
"Interested Persons" Can Contest Wills.
Only interested persons can contest a will.
Credible Witnesses To A Will.
Two credible witnesses are required. The Texas Estates Code requires every last will, if not wholly in the testator's handwriting, to be attested by two…
Contingency Fees In Will Contest?
Learn how to contest a will in Texas and protect your inheritance. Discover payment options for legal representation, including contingency fees for larger estates.
Statutes Of Limitation For Contesting A Will In Texas
Texas' statutes of limitation for contesting a will can be fatal even if you don't know that a will has been filed for probate.
Pretermitted Wife Not Recognized in Texas.
Texas does not recognize a pretermitted (forgotten) wife. Some states do recognize pretermitted wife.
Is A Contingent Will Valid? What If The Contingency Never Occurs?
Contingent will are valid but not favored.
Do Appeals Courts Sometimes Give You a Hint of How They Will Rule?
If the decision in your will contest case starts off like the one in Marsh v. Marsh you probably can discern that your chances of winning are not good. In…
Do You Have a Right to a Jury Trial in a Will Contest?
In Texas, contesting a will is just like any other civil trial, e.g., the Texas constitution gives you the right to a jury trial.
If You Don't Mention Some of Your Property in Your Will, Who Gets it?
In Texas, poorly drafted wills sometimes do not dispose of all of their property. What happens to the property? This article explains it.
When is a Probate Matter Contested for Venue or Transfer Purposes?
In small, Texas counties, the county judge must assign a statutory probate judge if one is requested.
Can a Male Who Has Had a Sex Change be the Surviving Wife For Inheritance Purposes?
A male who has had a sex change can qualify as the surviving wife of a Texas fireman.
Appealing A Will Contest After Trial
When a non probate case has been filed and tried and the judge has entered a final judgment disposing of all the parties and all the issues you have…
Can an Ex-spouse Accidentally Inherit Property?
Can an Ex-spouse Accidentally Inherit Property? Possibly. I've previously written/what-happens-if-you-get-divorced-after-making-your-will/that a divorce…
Under the "slayer rule" can you inherit from someone you murdered if your are found incompetent?
The Texas slayer rule prevents the slayer from inheriting but requires that the heris take some affirmative action.
Can Minors Contest a Will?
Yes. A minor can contest a will/contesting-wills-mainmenu-26/291-start-here-to-learn-about-contesting-wills. Usually, a parent will begin contesting a…
When does property vest in the beneficiary?
A will left a life estate "during his natural life" in property to an incompetent son then left the property after the life estate ends to son 2. This is…
Are You Courting Death When You Write a Will?
Apparently, some people in Tanzania think that you are. The Tanzania DailyNews in an article published July 21, 2013 reported that some people believe…
Is a will written on a tablet computer valid?
The Chronicle-Telegram reported that an Ohio judge admitted to probate a will written and signed on a tablet computer Samsung Galaxy tablet. The testator…
Replaced pages in a will.
Once a will is properly executed, pages cannot be changed or replaced unless the will is re-executed with the same formalities required of a new will. In…
Witnesses to Power of Attorney charged with murder!
The Kansas City Star newspaper reported an interesting story. A sixty-seven year old millionaire, Bill Van Note, was in the hospital on a ventilator after…
How much time do you have to get a Court to construe a will?
When a will is not being contested but there is a disagreement of how the will should be construed, a person has four years before action needs to be…
Can a person you don't know end up owning your estate?
Yes they can. Look up Marilyn Monroe's estate. She gave the largest part of her estate to her acting coach. She had become friends with him and his wife.…
Reasons for the recent increase in inheritance disputes.
I have previously written/is-the-economy-causing-more-contested-probate-cases/about the causes of the recent increase in will contest and other…
What are six common reasons for contesting wills?
A law professor who teaches probate and estate planning has listed six common reasons why people contest wills. Prof. Gerry Beyer's paper is here The…
Do the Witnesses to a Will Have to Know They are Witnessing a Will?
In Texas, it is not necessary that witnesses to a will know they are witnessing a will.
BBC reports that 20% of Wills in the UK May Contain Mistakes
The BBC reports the Legal Services Board LSB, which oversees the profession in England and Wales, said 20% of wills contained mistakes. Apparently, anyone…
Is There an Attorney Client Privilege in a Will Contest?
When a suit is filed contesting a will, the attorney who prepared the will may not be involved in the will contest. Since he is the one who supposedly…
Who Has the Burden of Proof When Contesting a Will?
In Texas the burden of proof depends on when the will contest is filed. If the will is contested before it is admitted to probate, the burden of proof is…
A Starting Point for a Will Contest is an Unnatural Disposition.
When deciding whether to contest a will/contesting-wills-2/, one of the first things to look for is an unnatural disposition of the property. An unnatural…
Does the phrase "is presently making payments to me" limit a gift of a mineral interest?
A testator's will stated "I give all of my interest in the Crockett County, Texas, mineral interest that Occidental Permian Ltd. is presently making…
Can a testator be unduly influenced when they are incompetent?
Can a testator be unduly influenced when they are incompetent?
In a will contest, can you recover your attorney's fees if they were reasonable and necessary?
Texas law allows you to recover your attorney's fees if you offer a will for probate even if the will is rejected. As long as the jury finds that you…
Will a forged will always be set aside?
If a forged will is not contested within the statute of limitations, it may end up being admitted to probate.
The Growing Problem Of Deathbed Marriages
The growing problem of deathbed marriages between an elderly patient and their money seeking caregiver.
Is a forged will good for something?
Is a forged will good for something? A forged will can be used to determine when the statute of limitations starts running.
Can you probate a will that has been revoked?
After waiting too long to contest a will, the heirs attempted to admit a will that everyone knew was revoked. The court said no, you can't do that.
No contest clauses in wills.
There are many no contest clauses in wills in Texas. Are they enforced? What can you do if you need to contest a will that has a no contest clause?
Time Limits For Contesting A Texas Will
Time Limits For Contesting A Texas Will, what the law refers to as the statute of limitations are critical. If you are unhappy with a will, act quickly
Can two people enter into a contract to make their wills a certain way?
In Texas can two people contract to make their wills in a certain way?
Will Void If Attorney Prepares A Will And Is Beneficiary
In Texas, if an attorney prepares a will, neither he, his family nor his employees can inherit under the will unless they are related to the testator.
Can A Beneficiary Attest A Will?
Can A Beneficiary Attest A Will? As stated in another post/credible-witnesses-will/on this blog, a will has to be attested by two or more credible persons…
Can you replace pages in your will?
If you have a will and you decide to make changes to it, can you take out a page and replace it? If you replace pages and then re-execute the will with…
What is a will contest in Texas?
A will contest in Texas is the opposition of a document that has been offered from probate. Lack of testamentary capacity and undue influence are reasons to contest a will.
Who has the burden of proof in a will contest?
The burden of proof in a will contest varies based on the time that the will contest is filed. Generally, if a will contest is filed before the Judge…
Should I have a will?
If you don’t have a will, your estate will go to your heirs as determined by statute. That may be what you want but what if you are married and have children from a prior marriage. If you die without a will, your property, including your home, will go to your heirs, not you spouse!
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