Wills and Community Property Survivorship Agreements

Robert Ray

Facts

In a 2019 case, a husband filed an Application to probate a joint and mutual will as the last will of his wife. Because the document had not been executed with the formalities required of a will, the judge refused to admit the document as a will. The husband then filed it as a community property survivorship agreement. The son from a prior marriage of the wife contested the agreement.

The will was a form that the husband had downloaded from the internet. He and his wife signed it but no witnesses signed.

The court had to decide if the document was a coummunity property survivorship agreement.

ESTATE OF Lovell, 05-18-00690-CV (Tex. App. – Dallas July 30, 2019)

Ruling

There were no witnesses to the agreement (no one signed as a witness) so the document could not be offered as a will. However, the statute on Community Property Survivorship Agreements doesn’t require that the agreement be witnessed. The will was admitted as a Community Property Survivorship Agreement transfering all community property to the husband on the death of the wife.

Notes

This was an unusual case. There was one document signed by both husband and wife. Usually, each would sign their on will not a Joint and mutual will as was the case here.

I have written about Community Property Settlement Agreements on my website. View that article here.

 

Want new articles before they get published?
Subscribe to our Awesome Blog.

Wills and Community Property Survivorship Agreements

by | Aug 7, 2019 | Probate | 0 comments

UPDATES

There are new cases all the time that clarify or change the law on inheritance disputes. Keep up-to-date by subscribing to our blog.

'

Subscribe

Recent Posts

The slayer rule doesn’t always apply

The slayer rule doesn’t always apply

Texas Slayer Rule Recent UK case on the Slayer Rule The Texas Slayer Rule is different from other state's and countries' rule but has procedures to accomplish the same end result. See this discussion. The Texas Slayer Rule is a rule that court's use to prevent a...

Podcast – revoking a will in Texas

Podcast – revoking a will in Texas

Podcast added! The topic is "Revoking a will in Texas" Whether a will has been revoked or not is an issue that comes up in will contest. A recent Texas case showed some of the problems that can arise when one party claims that the will has not been revoked and the...

Podcast – improper signing of will

Podcast added! The topic is "Will Contest - improper signing of will" Wills are sometimes contested because of a problem in the way the will was signed. This is often referred to as the execution of the will. In this podcast we are going to talk about the very basic...

Podcast – Time limits for contesting a will in Texas

Podcast added! The topic is "Time limits to contest a will in Texcas?" A will isn’t open to be contested forever. Contesting a will is limited to filing within a certain amount of time - what the law refers to as the statute of limitations. You may be surprised to...

Read About A Muniment Of Title In Texas

Muniment of Title means to probate a will quickly and cost-efficiently when there is no need for administration of the estate. A court may probate a will as a Muniment of Title if the court finds that the will should be admitted to probate, that there is no need for...

The Author

Robert Ray

Robert Ray handles inheritance disputes of all kinds. He takes cases throughout Texas.
© Copyright 2022 | All Rights Reserved.

Pin It on Pinterest

Share This