Do you or your heirs own your body?

No, says the Texas Supreme Court in a recent decision, Evanston Ins. Co. v. Legacy of Life, 11-0519. In the Legacy case, an insurance company did not want to pay when their insured, a non-profit tissue harvesting organization, sold a deceased woman’s tissue after promising the family that the tissues would only be donated. The children of the woman sued on behalf of themselves and the mother’s estate.

The insurance company asked the court to rule that they were not liable which the court did. The reasoning – neither the mother nor her children owned the body so they could not make a claim based on the way the tissue was sold instead of being donated.

As a side note, in any case involving an insurance company, the Texas Supreme Court always rules in favor of the insurance company so this ruling may be different in a different context where an insurance company is not involved.

Copyright by Robert Ray a Texas inheritance attorney. The foregoing information is general in nature and does not apply to every fact situation. If you are concerned about inheritance laws, inheritance rights, have a family inheritance dispute, a property dispute or want information about contesting a will and need an inheritance lawyer, we can help. Please go to our main site www.texasinheritance.com and use the contact form to contact us today. We are Texas inheritance lawyers and would love to learn about your case and there is no fee for the initial consultation.

What are six common reasons for contesting wills?

Six reasons why people contest wills.A law professor who teaches probate and estate planning has listed six common reasons why people contest wills. Prof. Gerry Beyer’s paper is here. The paper also recommends a proper procedure for the execution of wills. It is worth reading. The six common reasons for contesting a will listed by Prof. Beyer are:

  1. Disinheritance of Close Family Members in Favor of a Distant Relative, a Friend, or a Charity.
  2. Unequal Treatment of Children.
  3. Sudden or Significant Change in Disposition Plan.
  4. Imposition of Excessive Restrictions on Bequests.
  5. Elderly or Disabled Testator.
  6. Unusual Behavior of Testator.

These are not the only reasons that people contest wills but they are common reasons. The reasons listed generally relate to the mental decline of the testator in their old age which is evidenced by their confusion, forgetfulness or susceptibility to the influence of others.

By Robert Ray a Texas inheritance attorney. The foregoing information is general in nature and does not apply to every fact situation. If you are concerned about inheritance laws, inheritance rights, have a family inheritance dispute, a property dispute or want information about contesting a will and need an inheritance lawyer, we can help. Please go to our main site www.texasinheritance.com and use the contact form to contact us today. We are Texas inheritance lawyers and would love to learn about your case and there is no fee for the initial consultation.

What do you do if you think that an elderly person is being exploited?

In Texas, there is a statute that requires you to report the exploitation if you have reason to believe that it is taking place.  The statute reads “a person having cause to believe that an elderly or disabled person is in the state of abuse, neglect, or exploitation shall report the information…”

It is a crime not to report the exploitation if you have reason to believe that it is occurring.  This statute is similar to the failure to report child abuse statutes.  The law wants to make sure that the most vulnerable, the young and the old, are protected.

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