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.
Getting Someone To Make A Will May Be A Crime
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Texas 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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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?
You can file an application to determine heirship in Texas even if there is a will if the estate has not been closed.
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.
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
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.
Tax Foreclosure in Texas
Tax foreclosure in Texas is not as final as one might think. If you meet the criteria set out in the statute, 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
How do I claim my inheritance in Texas? Claiming your inheritance is not about greed. It is your property and someone else has custody and control of your property. You need to contact an attorney who handles inheritance disputes in Texas to help you.
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).
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.