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Types of property involved in contesting a will in Texas
On this page you will learn what you need to know about the different types of property often involved in inheritance disputes in Texas.
Necessary Disclaimer: Do not take, or refrain from taking, any action based on what you read. You need to discuss your situation with an attorney who can advise you based on your facts.
If you have a question about a pending or anticipated lawsuit about contesting a will in Texas, use the Contact Us page at the top of the site to see if we can help.
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Problems with property
There are several types of property involved in a Texas inheritance dispute. Knowing about the types of property will help in assessing what your inheritance rights may be. I have written on my blog and on this site about problems that may arise with property.
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).
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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A will must dispose of all property in all circumstances. If it doesn’t, then the laws of intestate succession will determine who gets the property.
INHERITANCE RIGHTS IN TEXAS—HOW TO OBTAIN THEM
Heirship proceeding are different from will contest. If more than four years have passed, it may be difficult, but may not impossible, to gain the inheritance that someone else has that should be the heirs. This is complicated, involving heirship proceedings but there is a possibility that it can be done.
The slayer rule doesn’t always apply
The slayer rule means that a person who murders another person cannot inherit from that person. Texas doesn’t have the slayer rule but there are other methods of keeping the slayer from inheriting.
In a recent article in England, the courts let the wife inherit from her husband that she murdered because he had been so abusive toward her.
Challenging a Joint Account
Challenging a pay of death (POD) or joint account with right of survivorship account is difficult but cah be done. Don’t accept them at face value.
Heir property in Texas
Many people in Texas refer to “heir property.” What they mean is the property that goes to the heirs if there is no will.