Background In Estate of Crawford, 14-17-00703-CV, (Tex. App. – Houston [14] November 9, 2017) the court of appeals ruled that you can waive your right to appeal in a suit contesting a will. A will was filed for probate by...
Read More[mp_image id=”2481″ size=”full” link_type=”custom_url” link=”#” target=”false” caption=”false” align=”left”] Introduction An attorney is an...
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Relationship poisoning is a from of undue influence in Texas. Relationship poisoning is a ground for contesting a will in Texas.
Read MoreGood 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 MoreBackground Although this blog is only about Texas law, a recent case out of Delaware dealt with an unusual issue and the results should be the same in Texas if the issue ever comes up. The Delaware court in 2015 was asked to...
Read MoreNecessary parties to will contest In every lawsuit, there are necessary parties. For instance, a husband cannot file for divorce without making his wife a party and serving her with citation. The same may be true in will contest...
Read MoreNon Probate Assets 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...
Read MoreEstoppel I’ve written about how accepting benefits under a will may prevent or estop a person from contesting that will. In a 2014 case a trial court ruled that a party was estopped from probating a newer will and from...
Read MoreInterested Persons The Texas Estates Code provides “interested Persons” the right to file a will contest. If a contestant is not an interested person, he cannot file a will contest. So who is an interested person? An...
Read MoreWhat is it? Tortious interference with inheritance rights is a tort where someone does something that has the effect of denying you an inheritance or gift that you should have received. It is a tort just as if someone runs a...
Read MoreTwo credible witnesses are required. The Texas Estates Code requires every last will and testament, if not wholly in the handwriting of the testator, to be attested by two or more “credible witnesses.” The proponent...
Read MoreContractual Bequest The Dallas Court of Appeals decided a case in 2013 that involved this contractual bequest in a will: if you “reside with and care for me until my death…” I’ll give you a million...
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