WHAT CONSTITUTES A SIGNATURE ON A WILL
A holographic will is one that is wholly in the handwriting of the testator and signed by him. What constitutes a signature is often contested.
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Category: Probate
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.
Podcast – What are pretermitted children?
Podcast added! The topic is “Pretermitted Children” A pretermitted child is a...
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Podcast – Contesting a will with a no contest clause
Contesting a will with a no contest clause should not be a concern as long as the person who is contesting the will is acting in good faith and with just cause. If they are, the no contest clause in a will is unenforceable.
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A Gift of “Personal Property” Means all but Real Estate
When a will gives “all household and personal property” to a person, that gift encompasses all personal property, tangible or intangible. It is not limited by the word “household.” The only thing that doesn’t pass is real estate.
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Podcast – revoking a will in Texas
This podcast discusses some of the ways in which a podcast can be revoked as well as some problems that arise about attempted revocation of a will. I discuss a recent case where there was an attempt to revoke a will but that attempt was unsuccessful.
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Podcast – 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 requirements of executing a will in Texas. Then, we will discuss what problems arise from executing wills.
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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...
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Podcast “DNA – I found my dad, do I inherit his estate?”
Podcast added! The topic is “DNA – I found my dad, do I inherit his estate?” You...
Read MoreWills and Community Property Survivorship Agreements
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...
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Breach of Fiduciary Duty has a Four Year Statute of Limitations
Texas has a general four year statute of limitations period that may apply in a suit against an executor or administrator for breeching his duties.
Read MoreTexas Supreme Court Decides Standard For Filing A Will After Four Years
The Texas Estates Code provides that a will must be filed within 4 years of the death of the testator. A will can be filed after that time if the applicant is not “in default.” The Texas courts have struggled with...
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