WHAT HAPPENS WHEN A TEXAS WILL DOESN’T DISPOSE OF ALL THE PROPERTY

Contesting a will in Texas

Written by Robert Ray

Robert Ray handles inheritance disputes of all kinds. He takes cases throughout Texas.

Last updated Nov 28, 2020

Contesting a will in Texas

Property not disposed of by will

A will must dispose of all property in all circumstances. If it doesn’t, the the laws of descent and distribution will determine who gets the property.

When a person executes a will, the intention is that all of the property will be disposed of. Sometimes that doesn’t happen.

In a 2019 case, 07-17-00296-CV, the testator made a will. In the will he left his half of the community to his wife as a life estate. When the wife died, he made three contingent provisions for the property to go different ways depending on the contingencies. None of the contingencies occurred.

Since none of the contingencies occurred and the will only made a disposition of the property based on those contingencies, it was determined that he died intestate as to that property after the life tenant (his wife) died.

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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).
Contesting a will in Texas

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