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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When Can a Texas judge change or reform a will
A Texas will or trust can be reformed, in limited circumstances, based on a scrivener’s error (a mistake made by the attorney preparing the document as opposed to a mistake by the clients.)
WHAT HAPPENS WHEN A TEXAS WILL DOESN’T DISPOSE OF ALL THE PROPERTY
A will must dispose of all property in all circumstances. If it doesn’t, then the laws of intestate succession will determine who gets the property.
Definition of Life Estate and Remainder
Property left to a person for their life creates a life estate. The person is a life tenant. When the life tenant dies, the property (or remainder) goes to another, called the remainderman.
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 that someone else has that should be the heirs. This is complicated, involving heirship proceedings but there is a possibility that it can be done.
When is a handwritten document a holographic will?
Texas recognizes handwritted documents as wills if they are wholly in the handwritting of the testator. Witnesses are not required.
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.
The slayer rule doesn’t always apply
The slayer rule means that a person who murders another person cannot inherit from that person. Texas doesn’t have the slayer rule but there are other methods of keeping the slayer from inheriting.
In a recent article in England, the courts let the wife inherit from her husband that she murdered because he had been so abusive toward her.
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.
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.
