Can the lawyer be a beneficiary?

Written by Robert Ray

Robert Ray handles inheritance disputes of all kinds. He takes cases throughout Texas.

The quick answer is no, he can’t.  Texas has a statute that says that a devise or bequest of property in a will to the attorney who prepares or supervises the preparation of the will or to an heir or employee of the attorney is void.  This statute applies to anyone who is not related to the attorney.  The attorney can be a beneficiary of his family’s wills even if he prepares it.

In a recent case, an attorney had a woman working in his office that was an independent contractor.  She was not an employee of the attorney.  She was a paralegal but she just did occasional work for the attorney.  She also did occasional work for other attorneys who shared office space with the attorney who drafted the will.  The will made her a beneficiary and also appointed her as the executor of the will.

A sister of the testator contested the provisions of the will leaving part of the estate to the paralegal.  The court agreed with the sister and ordered the paralegal to return all of the property that she had received to the heirs of the testator.  The court also ordered the paralegal to pay the attorney fees of the sister.

The paralegal appealed claiming that the statute did not apply to her since she was not an employee.  The appeals court denied her appeal and held that the gift to the paralegal was void.  Jones v Krown.

Your Privacy

We take your privacy very seriously. We are keenly aware of the trust you place in us and our responsibility to protect your privacy. We treat all information provided to us with care and discretion.

Robert Ray is Board Certified

Robert Ray is the Editor and owner of this site. Board Certified, Personal Injury Trial Law — Texas Board of Legal Specialization.

We handle cases throughout Texas. Our principal office is in Lantana, Texas (DFW area).

Robert Ray Texas Inheritance

Click here to email us or to go to the contact form if you want to contact us about a Texas inheritance dispute.

You May Also Like…

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.

Questions?

Get In Touch

Address

Lantana, Texas
In the DFW area

Phone

(214) 660-5700

Follow Us

Pin It on Pinterest

Share This