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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.

Does A Texas Will That Says “all other things owned by me…” Include Everything Owed By The Testator

  The will In a recent Texas inheritance dispute out of the Fort Worth Court of Appeals, In the Estate of Larry...

Elder Abuse Is Increasing

Elder abuse is increasing, often at the hands of those closest. In an article in the Arizona Daily Star by Patrick...

Breaching A Fiduciary Duty In Texas

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Contesting a Will After it Has Been Admitted to Probate

Time Limits The time limits or what lawyers call the statute of limitations for contesting a will is determined by...

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...

What Is Probate In Texas

The process for probating a will in Texas is for the proponent of the will to contact a lawyer to file it for probate...

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...

A Fiduciary in Texas can be Held in Contempt for Failing to Turn Over Financial Records

In Texas, a beneficiary has a right to know what is going on with the money being held by a fiduciary. Whether the...

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) ...

A Business Partner Receives Life Insurance Proceeds to Buy a Deceased Partner’s Interest but Keeps the Money.

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Insurance Policy for Partner

In a 2014 case out of the Tyler Court of Appeals, the court decided a case involving life insurance proceeds between partners. Two men were partners in a business. They obtained life insurance policies on each others life for $2,000,000.00. When one

partner died, the other partner decided to keep the two million dollars. The family of the deceased partner filed suit alleging that the life insurance policy was meant to go to the family of the deceased to buy out his interest in the company. The trial court ruled in favor of the living partner. The family appealed.

Who Owns the Life Insurance Proceeds

After reviewing the facts, the court of appeals agreed with the trial court and ruled against the family of the deceased partner. They noted that while there were discussions about the money being used to buy out the family, there was never any contract to do so. Even though the deceased partner may have had a subjective belief that the proceeds of the insurance policy would be given to his family, his state of mind was insufficient to show a valid contract. Since the living partner was the sole beneficiary under the insurance policy, he kept all the money. 12-12-00150-CV.

What Should Have Been Done

The family of the deceased partner believed that the partners had agreed to pay for the insurance policy to protect the family of a partner who died. Just because they believed that didn’t create a contract where none existed. The partners should have entered into a written contract to protect their families. With this much money involved, the partners could have afforded a competent attorney who could have advised them on the proper way to achieve their goals.

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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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