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Learn about the latest developments in Texas inheritance law…

by Robert A. Ray

 

What's New

The post below are new cases on inheritance disputes in Texas that will that will help explain the process.

What's unusual

Many of the post below are not new but contain an interesting or unusual decision about inheritance disputes.

Find your interest

Cases that may be important in a Texas probate case dealing with inheritance disputes that speak to your interest.

Who are the heirs in Texas?

Heirs in Texas are the people who receive a decedent’s property when he dies without a will or he doesn’t dispose of all his property or when a will is contested.

Definition of Escheat

Escheat means that the state owns your property after you die if you don’t have a will and no heirs can be found. Prevent this by having a will.

What if there are not enough assets in the estate to pay all of the expenses?

Today's word is abatement. Estate property is liable for debts and expenses of administration.  How are these paid? ...

What Happens When You File An Inheritance Dispute In The Wrong Texas Court

If you try to represent yourself in court things can go wrong quickly.

Should You Tell Your Children What They Will (Or Won’t) Inherit?

Deborah L. Jacobs, a staff writer at Forbes, wrote an article where she listed seven reasons why you should tell your...

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...

Getting Someone To Make A Will May Be A Crime

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 Obtaining a will maybe a crime in TexasTexas Law

Getting someone to make a will may be a crime in Texas. In a 2015 case out of the Dallas Court of Appeals, a man was convicted of a crime for getting an elderly woman to make a will naming him as a beneficiary. After the woman died, he filed the will for probate. Those actions constituted a crime according to the court of appeals because they were done with criminal intent. The court stated that “If performed with the requisite criminal intent to deprive whoever would otherwise have taken (the deceased’s) property after her death, the conduct alleged in this indictment—causing

(the deceased) to execute a will in his favor and then filing the will for probate—amounts to a criminal offense.” The court upheld a ten year sentence.

Ordinary Wills

This case does not apply to someone who urges an elderly person to make a will. Everyone should be urged to make a will. In the case decided by the Dallas Court of Appeals, there was evidence that the man who was charged, who was not related to the deceased, talked her into making a will for his benefit while she was in the hospital during her last illness. The lady had a child and her previous will named the child as her beneficiary.

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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.

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...

Breach of Fiduciary Duty has a Four Year Statute of Limitations

Texas has a general four year statute of limitations period that may apply in a suit against an executor or administrator for breeching his duties.

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Presumption of Undue Influence

Presumption of Undue Influence

A person who is an Executor, Administrator, Trustee, or who has a Power of Attorney is a fiduciary. A fiduciary must act in the best interest of the beneficiaries and show that each of his actions was in the beneficiaries’ best interest. When an action benefits the fiduciary in any way, there is a presumption of unfairness, and the fiduciary may be liable.

Robert Ray

Board Certified, Personal Injury Trial Law — Texas Board of Legal Specialization. We handle cases all across Texas. Our principal office is in Lantana, Texas (DFW area).

Robert Ray is a Texas attorney who handles inheritance disputes

Why Us?

Inheritance disputes involve someone who has taken advantage of the elderly. These cases are complicated and most often, but not always, involve outsiders. We represent you knowing that these inheritance disputes are private and painful family matters. We know this is a stressful time for you. We strive to obtain the quickest and best results possible so that you can get this troubling episode behind you.

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