Oral Statements by the Testator about a Texas Will
When a person tells someone how he wants his property handled when he dies but he has a written...
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Tag: Burden of Proof
Can A Will Be Signed By Initials In Texas
[mp_image id=”2439″ size=”full” link_type=”custom_url” link=”#” target=”false” caption=”false” align=”left”] What are the requirements of a will...
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Removal Of Executor In Texas
Removal of Executor or an administrator in Texas. Rights of beneficiaries of will to seek removal of an executor and what needs to be proven.
Read MoreEngland Seeing Increase in Will Contest
England seeing an increase in will contest, why? For the same reasons Texas is seeing an increase in will contest. I have previously written on why contesting a will has become more common. You can view that article here. An...
Read MoreGood Faith Exception in Will Contest
Good Faith Exception Texas and many other states will enforce forfeiture clauses in wills if the contestant is not successful. The clauses are know as no contest provisions or in terrorem clauses . Texas has a Good Faith...
Read MoreIs a will written on a tablet computer valid?
The Chronicle-Telegram reported that an Ohio judge admitted to probate a will written and signed on a tablet computer (Samsung Galaxy tablet.) The testator was at the hospital and did not have paper or a pen. After he died, the...
Read MoreReplaced pages in a will.
Once a will is properly executed, pages cannot be changed or replaced unless the will is re-executed with the same formalities required of a new will. In a case decided in 2013, a Texas Court of Appeals had to decide an issue...
Read MoreHow much time do you have to get a Court to construe a will?
When a will is not being contested but there is a disagreement of how the will should be construed, a person has four years before action needs to be taken. In a large estate, a handwritten will gave a ranch to the...
Read MoreWhat are six common reasons for contesting 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...
Read MoreWho Has the Burden of Proof When Contesting a Will?
In Texas the burden of proof depends on when the will contest is filed. If the will is contested before it is admitted to probate, the burden of proof is on the person who is offering the will for probate. If the will is...
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