Avoiding Texas Estate Settlement Disputes in Wrongful Death
Discover how Texas estate settlement disputes turned a family's tragedy into a court battle in Reynolds v. Davis. Learn what went wrong and how to avoid it.
105 articles
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.
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.
Texas Inheritance Dispute Mistake: Why a Former Judge's Testimony Killed the Case
Learn how a Texas inheritance dispute mistake involving a former judge's expert testimony led to a reversed verdict and costly new trial. Avoid this error.
Is Your Gift Really Yours? Proving a Texas Gift
Learn the vital steps for Proving a Texas Gift of property. Understand why a $10 consideration in a deed can lead to a legal battle and how to protect your separate property.
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.
He Died Days After His Wife—Why a Texas Court Said He Died First
A Texas woman's handwritten will left her family in a legal battle. Discover how the 120-hour survival rule completely changed who inherited her properties.
$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.
In Texas, Is Exploiting Seniors Too Vague a Crime?
Discover a case where Texas courts upheld the elder exploitation law against vagueness claims. Learn prevention tips for families and inheritance protection.
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!
Divorces and Dementia: What Texas Law Says About Guardianship
Can a guardian file for divorce? Explore the twists and turns of this Texas Supreme Court case where a daughter filed for her father's divorce.
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 Heirship Dispute: Was the Divorce Finalized Before Death?
Learn about divorce status, heirship, and property distribution as analyzed by the Court of Appeals of Texas.
Gift Deed vs. Lady Bird Deed vs. TODD Deed in Texas: A Quick Guide
Gift Deed vs. Lady Bird Deed vs. TODD Deed in Texas: A Quick Guide. What you need to know about giving real estate away in Texas.
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.
Common Disaster Clauses in Wills: Insights from a Texas Legal Battle
Explore Texas inheritance law through the Vencie and Melba Beard case. Learn about common disasters, the Slayer Statute, and crucial estate planning lessons for Texans.
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.
The Texas Gun Trust: Your Ultimate Guide to Firearm Ownership & Inheritance
A Texas Gun Trust can hold other property and is not limited to firearms or suppressors.
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/…
Bill of Review
The main difference between a Texas equitable and statutory bill of review is that a statutory bill of review does not require due diligence.
Pretermitted Spouse in Texas
A pretermitted spouse is not recognized in Texas but if another state recognizes a person as a pretermitted spouse they may inherit in Texas.
Tax Foreclosure in Texas
Tax foreclosure in Texas is not as final as one might think. If you meet the criteria, you may be able to redeem it even after it is sold.
Difference between annulment and divorce in Texas
What is the difference between a divorce and an annulment in Texas and how can it affect inheritance rights?
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.
Slayer Rule and Insurance in Texas
The slayer rule prohibits someone who kills another from inheriting from the person they killed. Texas is different from most states.
Does a Spouse Inherit if the Other Spouse Dies Intestate Without a Will
Does a spouse inherit if the other spouse dies intestate without a will? This question is more complicated than one might think.
Can a murderer inherit his victim's property?
The Texas slayer rule requires affirmative action to prevent the murderer from inheriting the victim's property.
No Forced Heirship In Texas
Forced heirship is not recognized in Texas for either children or spouses although Texas does have pretermitted child heirship.
DOES "SPOUSE" MEAN CURRENT SPOUSE?
A woman gave property to her son's "spouse." Did that mean the current spouse or his spouse when the trust was executed? Avoid this problem!
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.
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.)
WHAT HAPPENS WHEN A TEXAS WILL DOESN’T DISPOSE OF ALL THE PROPERTY
If a will doesn't dispose of all the property, the the laws of descent and distribution will determine who gets the property.
INHERITANCE RIGHTS IN TEXAS—HOW TO OBTAIN THEM
Heirship proceeding are different from will contest. If more than four years have passed, it may be difficult, but may not impossible, to gain the inheritance.
Inheritance Rights of Illegitimate Children
In Texas, an illegitimate child inherits the same as any child. The problem is proving paternity if the child is not acknowledged.
Podcast - What are pretermitted children?
A pretermitted child is a forgotten child who takes a part of their parents’ estate even if not mentioned in the will.
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.
Problems filing in the wrong court
When a case or claim is filed in the wrong court, you may lose your claim without being heard. You may not be able to refile it.
Does a spouse inherit in Texas
Does a spouse inherit in Texas? Maybe. Our page shows some of the complicating factors involved in determining whether a spouse inherits in Texas.
Can Nieces and Nephews Contest a Will
In Texas, Nieces and Nephews can contest a will. You need to be an interested party as explained in this post. Learn more about contesting a will in Texas.
Can Parents, Siblings, Aunts, Uncles, Nieces and Nephews Inherit?
Texas' parents, uncles, aunts, nieces, nephews and even cousins can inherit if there are no children or spouse. Even if there is a spouse, they may inherit.
Adoption by Estoppel in Texas
Discover what it means to adopt by estoppel in Texas. Learn how it is similar to a common-law marriage and understand what the courts are looking for in enforcing adoption rights. Adooption by estoppel explained by a qualified inheritance lawyer.
Definition of Putative Spouse in Texas
A putative spouse is one who has a good faith belief that he or she is married but who is not legally married.
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.
Start Here to Learn About Texas Inheritance
Testate Succession When a person dies with a valid will or an invalid will that has not been contested, his property goes to those named in the will.…
Texas Requirements For A Common Law Marriage
Texas requirements for a common law marriage are: intent to be married, living together in Texas and representing to others that you are husband and wife.
Can Adopted Children Inherit in Texas?
In Texas, when a child is legally or formally adopted, they inherit to the same extent as natural children. A formal adoption is where the court system is…
Can Parents, Siblings, Aunts, Uncles, Nieces and Nephews Inherit?
In Texas Parents, siblings, aunts, uncles, nieces, nephews and others are heirs for the purpose of distributing the estate of the deceased if he died…
Children - natural born, adopted or adopted by estoppel in Texas
For the purpose of inheritance, there are natural children, adopted children, children adopted by estoppel, also called equitable adoption and…
Inheritance Rights of Illegitimate Children.
What are illegitimate child rights to inheritance in Texas? They are the same inheritance rights as natural born childre.
Inheritance Rights of Natural Children
Natural children are the biological children of their parents. This article discusses the inheritance rights of those children. In Texas, in general,…
Learn if Adopted Children Inherit From Their Biological Parents
In Texas, when a child is adopted, he becomes the child of his adoptive parents. He inherits from and through them. That means that the adopted child will…
Read About Pretermitted children in Texas
A pretermitted child is a forgotten child who takes a part of their parents’ estate even if not mentioned in the will. This is a form of forced heirship.
Can Spouses Inherit - Including Common Law
What does a Texas spouse inherit? If there is a will, the will determines what property a spouse inherits. If there is no will, what a spouse inherits is…
Can you contest a will if you accepted benefits?
Contesting a will in Texas may be affected by acceptance of benefits under the will. Learn how the acceptance of those may or may not affect a will contest.
Deathbed Marriages in Texas
What are deathbed marriages in Texas Deathbed or predatory marriages are when someone such as a friend, a caregiver or other person, by hook or by crook,…
Find Out Who Can Contest a Will in Texas?
Children, heirs, devisees, spouses, creditors, or others having a property right in, or claim against, the estate can contest a Texas will.
When a will is not a will but is a community property survivorship agreement
A community property survivorship agreement is similar to a will but it does not have to be executed with the formalities required of a will. The…
Who are the heirs in Texas?
Heirs in Texas receive a decedent's property when he dies without a will, doesn't dispose of all his property or when a will is contested.
Who Inherits Under the Texas Laws of Inheritance
The laws of inheritance determine who inherits in the following situations: 1. A person dies intestate without a valid will; 2. A person has a valid will…
Podcast "DNA – I found my dad, do I inherit his estate?"
What inheritance rights do you have in Texas when you take a DNA test and and discover who your father is?
How To Revoke A Trust In Texas
How can you revoke a trust in Texas? In a recent case in Texas, a mother and father had a trust for the benefit of their two children. The mother died.…
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…
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 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.
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.
Pretermitted Spouse and Premarital Agreement
Texas does not recognize a pretermitted spouse so the issue of a pretermitted spouse and premarital agreement is not something that concerns a Texas spouse.
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.
Tortious Interference With Inheritance Rights.
Tortious interference with inheritance rights is an additional claim that an attorney can bring when contesting a will.
HOA Expenses after Death.
HOA or Home Owner's Association fees are much more common today than they used to be in the past. Most condominiums have an HOA. Small subdivisions may…
What Is A Widow's Election In Texas?
A widow's election in Texas puts the spouse to an election, either take under the will or forgo the will and claim property in their own right.
Pretermitted Wife Not Recognized in Texas.
Texas does not recognize a pretermitted (forgotten) wife. Some states do recognize pretermitted wife.
If You Move to Another State, is Your Will Still Valid?
Usually. Most states will admit a foreign will to probate even if it doesn't meet all the requirements of a will as long as it is valid in the state in…
Can the Judge Order Spousal Support From a Spendthrift Trust?
No, says the Dallas Court of Appeals. The court stated that under Texas law, spendthrift trusts are trusts with language prohibiting the voluntary or…
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…
Should You Tell Your Children What They Will (Or Won't) Inherit?
Deborah L. Jacobs a staff writer at Forbes, wrote an article she listed seven reasons why you should tell your children what they will or won't inherit.…
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…
Can a Texas Judge Declare That a Parent Can't Inherit From His Child?
Yes he can, according to the Texas Probate Code. A judge can declare that a parent can't inherit by or through a child if the parent abandoned or failed…
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…
Who Gets Life Insurance Proceeds?
Virginia has a statute that a spouse's designation of the other spouse as a beneficiary in a life insurance policy is not valid if the husband and wife…
Jersey (Not New Jersey) changes inheritance laws
The BBC reported that Jersey in the UK is changing its inheritance laws to conform to the European Convention on Human Rights. Currently, a husband…
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…
Supreme Court rules children born by IVF not entitled to social security benefits.
When a parent dies, his or her children can claim social benefits based on their parents social security contributions until they become adults. In a case…
In Developing Countries, Lack of Inheritance Rights for Women May Depress the Country's Economy
In a posting on the World Bank's blog there is an article that points out that wives and daughters don't have the same inheritance rights as husbands and…
Change In Massachusetts' Probate Law Benefits Spouses.
A note posted on the Lowell Sun's website that a recently passed Uniform Probate Code in Massachusetts made changes in the law of…
Do Ex-pats Worry About Inheritance Laws?
They sure do. I have seen several articles and discussions recently from ex-pats people living in foreign countries about the inheritance laws of their…
"You never really know a person until you've shared an inheritance with them"
It's not about the money—it's about memory. Explore why dividing personal items breaks families and how a simple "Personal Property Memorandum" can be the key to protecting relationships after a loss.
Can you create a trust with my money?
In 2005 the Texarkana Court of Appeals was asked that question. An elderly couple who became concerned about their future health and living care needs…
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…
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.
Anti-lapse or what happens if a beneficiary dies before the Testator?
Anti-lapse or what happens if a beneficiary dies before the Testator? %
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.
Do you get an inheritance if you never knew your father? Or mother?
Occasionally, the situation will arise were a child is born but never knows one of his parents. This may happen because the mother and father were never…
Who inherits your property if you die intestate (without a will)?
Separate property – 1. 1. If there is no spouse – all to children. If there are no children then to parents. 2. 2. If there is a spouse - a. If no…
What happens if you get divorced after making your will?
Texas law provides that after a divorce, 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 null and void.
What in the world is a "pretermitted child"?
A pretermitted child is one who is born after a will is made and is not otherwise provided for. What "not otherwise provided for" means depends on the facts
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This blog will be a general discussion of general matters of interest to the public. If you need legal advice for a legal problem, contact us to see if we can represent you. Our contact information is at www.TexasInheritance.Com.