Contesting a will in Texas

Challenging a Joint Account

Contesting a will in Texas

Problems filing in the wrong court

Contesting a will in Texas

Heir property in Texas

Contesting a will in Texas

What can go wrong if you represent yourself – part 1

Contesting a will in Texas

Removal Suits May be Subject to the Texas Anti-SLAPP, TCPA Law

Contesting a will in Texas

Evidence of Undue Influence

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Can a Husband or Wife Inherit After a Divorce in Texas?

Texas law provides that all provisions in a will in favor of a former spouse “must be read as if the former spouse failed to survive the testator” and are null and void. Therefore, if you get divorced and don't change your will, you ex-wife will not inherit under your...

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Can the lawyer be a beneficiary?

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...

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Who is a “descendant” in Texas Probate Court?

A recent case dealt with the question of "who is a descendant?"  A will made a gift to the descendants of the testator's son and daughter.   The testator added this phrase - "descendants living at this time are..." then named his grandchildren who were living at the...

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Find Out How a Bank Can Breach a Fiduciary Duty

In a Texas case decided in 2005, a man had an account at a financial institution.  He originally opened the account as a joint account with right of survivorship with his daughter.  That means that he and his daughter were joint owners and when the first one died, the...

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Learn About Limitations for Removing a Trustee

In Ditta v Conte, a Texas Supreme Court court case in June 2009, the Court decided the issue of what statute of limitations applies when someone attempts to remove a trustee. The father and mother created a trust. The survivor of the two was the primary beneficiary of...

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