Procuring a will may be a crime.

Definition of Escheat

Discover the Liability of a Fiduciary in Texas

Definition of Intestate in Texas

Definition of Administrator or administratrix

Definition of Executor or Executrix in Texas

Contesting a Will Because of Fraud in the Factum

"Fraud in the Factum" occurs when a testator is misled as to the nature or content of the instrument being executed. A mistake of fact or law must be accompanied by evidence of fraud or undue influence to defeat the will’s admission to probate. By Robert Ray a Texas...

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Contesting a Will Because of Improper Execution of the will

n Texas, wills must be executed with proper formalities. If it is not executed with those formalities, the will will not be admitted to probate and the deceased's property will go to his heirs through the law of descent and distribution. In other words, the deceased...

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Contesting a Will Because of Forgery

It almost goes without saying but if a Texas will is forged, it will not be admitted to probate. A person’s signature can vary fiom one document to the next due to age or physical infirmities, or evenbecause he was “rushed” during the signing process. A claim of...

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Contesting a Will Because of Undue Influence

The inheritance rights of loved ones are defeated if the testator is under the undue influence of another. To set aside a will on the basis of a claim of undue influence the contestant must prove... the existence and exercise of an influence upon the testator, which...

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Revoking A Will In Texas

There are two ways to revoke a will in Texas: by subsequent testamentary instrument or by physical act. The Texas Estates Code, §253.002, specifies these two exclusive ways that a will can be revoked. Section 253.002 says: "A written will, or a clause or devise in a...

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Contesting a Will Because of an Insane Delusion

A claim of “insane delusion” resembles a claim of lack of testamentary capacity and is sometimes considered to be a sub-category of testamentary capacity. An “insane delusion” is the belief of supposed facts that do not exist, and which no rational person would...

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5 Grounds For Contesting Wills In Texas

When a will is offered for probate, it is offered as the last will of the testator (the person whose will it is), made at a time when the testator knew what he was doing and who was not being unduly influenced to make the will. The most common reasons to contest a...

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Contesting a Will Because of Fraud in the Inducement

"Fraud in the Inducement" occurs when a fact “outside of the document” is intentionally misrepresented and, without such misrepresentation, the testator would not have executed will. In Texas, fraud in the inducement of a dispositive instrument and undue influence are...

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10 Factors To Determine Undue Influence In Texas

Background In a previous article, I noted that in a case involving undue influence in contesting a will in Texas, the elements of undue influence are: the existence and exercise of an influence upon the testator, which operated to subvert or overpower the testator’s...

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Contesting a Will Because of Sexual Abuse or Sexual Assault

Your rights as a sexual abuse or sexual assault victim. It may seem strange to list sexual abuse or sexual assault under the heading of "grounds" for contesting a will. While you really cannot contest the will on that basis, if you have been the victim of sexual abuse...

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Inheritance Updates

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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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