Procuring a will may be a crime.

A good faith contest between two wills does not amount to a theft and would not be prosecuted as one. But the legislature has expressed its intent in clear terms: when an actor appropriates property knowing its owner cannot give effective consent to the transfer, the appropriation—or attempted appropriation—is a criminal offense, not a probate matter.  476 S.W.3d 640.

In a case that resulted in the bad person being found guilty of capital murder when she murdered the testator, she was also found guilty of attempted theft when she procured a will and filed it for probate. The court said”

Several State’s witnesses testified that Patterson (1) upon finding out about Martin’s fortune, expressed a significant interest in accessing and controlling Martin’s finances, who at all relevant times remained merely the spouse of a patient (or former patient) at her facility; (2) quickly befriended Martin, who several witnesses depicted as friendly and jurors could infer as lonely; (3) removed Martin’s son from Penny’s primary point of contact after he attempted to transfer Penny out of Comfort’s care and accompanied Martin to his bank to withdraw his money within the same week; (4) within two months of knowing Martin, convinced him to withdraw an excess of $300,000 for her to hold for him, and bank employees testified that he had never made such large withdrawals; (5) although unprompted, repeatedly attempted to diffuse any concerns of elder exploitation to an extent which roused suspicions of multiple testifying witnesses; (6) made changes to Martin’s stockholder account without his authorization; (7) orchestrated Martin’s will change and other legal documents, designating herself as the primary agent for all his affairs; (8) denied her involvement in Martin’s financial matters after his death, though she had already probated his will; (9) declined to provide Martin’s son with an unredacted will and refused to allow Mark into the home, though she knew he was the intended beneficiary of the residence; (10) misrepresented or lied to Martin regarding his son’s intentions with Martin’s finances and other affairs, purposefully fueling hostility between Martin and his son, and (11) was a party to Martin’s murder.
Having viewed the evidence in the light most favorable to the verdict, we conclude that, this evidence is sufficient to show Patterson intentionally attempted to deprive Martin’s rightful heirs from an inheritance. See id.; Braughton, 569 S.W.3d at 608; Hooper, 214 S.W.3d at 13. Therefore, the jury had sufficient evidence from which to conclude beyond a reasonable doubt that Patterson attempted to commit the offense of theft in the aggregate amount of $200,000 or more. See TEX. PENAL CODE ANN. §§ 15.01(a), 31.03; see Padilla, 326 S.W.3d at 200. We overrule Patterson’s last issue on appeal. 13-18-00030-CR.

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.

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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).

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Definition of Intestate in Texas

One who, having lawful power to make a will, has made none, or one which is defective in form. In that case, he is said to die intestate, and his estate descends to his heir at law. FreeDictionary.Com.

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.

Definition of Administrator or administratrix

An Administrator (or Administratrix) is the person appointed by the court to handle the estate of someone who died without a will, with a will but no nominated executor, or the executor named in the will has died, has been removed from the case or does not desire to serve. If there is a will but no available executor, the administrator is called an “administrator with will annexed.” Dictionary.Law.Com. An administrator is a fiduciary.

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.

Definition of Executor or Executrix in Texas

The person appointed to administer the estate of a person who has died leaving a will which nominates that person. Dictionary.Law.Com. An executor is a fiduciary.

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.

Definition of Trustee

A person or entity who holds the assets (corpus) of a trust for the benefit of the beneficiaries and manages the trust and its assets under the terms of the trust stated in the declaration of trust which created it. Dictionary.Law.Com. A trustee is a fiduciary.

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.

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