What happens if the testator leaves you something in his will but when he dies, he no longer owns the property that he gave you?
The word for today is “ademption.” If a testatormakes a will and leaves specific property to someone and then later sells or otherwise disposes of the property, the law says that the gift is “adeemed.” In other words, the person to whom it was given doesn’t get anything. Ademption applies to specific gifts such as [...]
Can someone with a power of attorney create a trust for his principal?
The principal is the person who gives the power of attorney. The agent or attorney-in-fact is the person to whom the power is given. Once he has a power of attorney, can the attorney-in-fact create a trust for the principal? In Texas, the answer is no, he cannot. The law dealing with trust requires that, [...]
Are all Powers of Attorney the same?
The short answer is no. A power of attorney can grant a general power or a special power. It can be a durable power of attorney or not. You can also have a power of attorney solely for medical decisions. What do all of these terms mean? A power of attorney is granted by one [...]
Who has the burden of proof in a will contest?
The burden of proof in a will contest varies based on the time that the will contest is filed. Generally, if a will contest is filed before the Judge admits the will to probate, the person who filed the will for probate (the proponent) will have the burden of proof. If the will contest is [...]
What is a will contest?
From Wikipedia, the free encyclopedia A will contest, in the law of property, is a formal objection raised against the validity of a will, based on the contention that the will does not reflect the actual intent of the testator (the party who made the will). Will contests generally focus on the assertion that the [...]
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