Texas does not allow a pre-death (Antemortem) will contest. 254 sw2 862. As long as the testator is alive, Texas considers his will changeable and therefore, a will contest would be a waste of time. However, a few states allow pre-death will contest including Ohio, Arkansas, North Dakota, and Alaska. A few states like New Jersey are considering allowing them.
10 Reasons Not To Allow Pre-Death Will Contest
Will Sleeth, an attorney in Williamsburg, Va wrote an articleabout pre-death will contest. He explained what it is: (more…)
The evening standard reports that London courts are facing an explosion of will contest cases.
“There has been a huge explosion of inheritance disputes. More people will be aware that they can do something about it when they are cut out of their parents’ will.” “We are seeing an increase in Inheritance Act claims brought by adult children …. claims of this nature will only become more common,”
Ageing Population Cause of Explosion of Will Contest Cases
An ageing population and rising levels of dementia have fueled a sharp rise in will disputes.
“People are living longer and we have a generation of children who are reliant on their parents.”
Some children (and, based on my experience, “friends” and “caretakers”) are taking advantage of the elderly.
The article “warned that a rise in court fees was leading more people to try to represent themselves.” “(T)he end result could be catastrophic for some.” While the court fees are not as high in Texas as they are in the UK, a person trying to represent themselves in a will contest case in Texas may be facing a catastrophe for them and their case.
A professor at one of Texas’ Law Schools wrote an article about the future of marijuana and Probate in Texas. You can find the article here.
Abstract
With the legalization of medical and recreational marijuana in almost half of the states, practitioners need to be aware of interface between marijuana and estate planning. This article provides a discussion of the major issues that arise. After bringing readers up-to-date with the history of legalized marijuana, the article focuses on how marijuana use may impact a user’s capacity to execute a will and other estate planning documents. The article then examines other estate planning concerns such as will and trust provisions conditioning benefits on the non-use of “illegal drugs” and the impact of marijuana use on life insurance policies. The article wraps up with a discussion of how an estate planner may deal with marijuana-based assets when planning an estate and how to value those assets after the owner has died.
The Author
Professor GERRY W. BEYER, Governor Preston E. Smith Regents Professor of Law, Texas Tech University School of Law. B.A., Eastern Michigan University; J.D., Ohio State University; LL.M. & J.S.D., University of Illinois.
Financial accounts like checking accounts, savings accounts, C.D.’s and retirement accounts are non probate assets. That means that a person’s will does not control who gets the funds. The beneficiary designation on those accounts determine who gets the funds. They do not pass through probate. The same is true of joint accounts with right of survivorship.
Pay On Death Beneficiary Designation
Owners of the financial accounts sign a Pay On Death Beneficiary Designation form POD. The person designated as (more…)
A will left a life estate (“during his natural life”) in property to an incompetent son then left the property (after the life estate ends) to son #2. This is what courts refer to as “the remainder.” Later in the will, the testator stated that if son #2 predeceases the testator or dies before the property vests, then the property should go to a daughter-in-law and her daughter. Son #2 outlived the testator but did not outlive the incompetent son who held the life estate. When the incompetent son died, a challenge to the will occurred between the heirs of son #2 and the daughter-in-law and her daughter. Son #2’s heirs claimed that because he outlived the testator, the remainder of the property vested in him at that time and passed through his estate. The daughter-in-law and her daughter claimed that the property never vested in son #2 because the will required that son #2 not only outlive the testator but also outlive the incompetent brother.
The trial court ruled in favor of son #2 and the appeals court agreed. The basis of the ruling was that Texas favors vesting of property at the earliest possible moment and that the part of the will which occurred after the property was given to son #2 if he survived the testator did not divest son #2 of the property. “If the conditional element is incorporated into the description of, or into the gift to the remainder-man, then the remainder is contingent; but if, after words giving a vested interest, a clause is added divesting it, the remainder is vested.” Once the property was vested in son #2 by him surviving the testator, it was his and passed under his estate. No. 04-12-00627-CV.
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.
