Not if you accepted benefits under the agreement. I have discussed the situation where a person who entered into a family settlement agreement but became dissatisfied before the judge signed the order, lost her right to appeal. To view the discussion, click here. Every person’s situation is different and requires an attorney to review the [...]
Archive of entries posted on February 2010
Can there be a parol (oral) gift of real estate?
Normally, a conveyance of real property has to be in writing. However, a gift of realty can be made in two ways: either by deed or by parol (oral) gift. To relieve a parol gift of real estate from the requirement of a writing, one must show three elements: (1) a gift in praesenti, that [...]
Probating a lost will
Sometimes after a person dies, a will cannot be found. If there was a will but it just cannot be found, a “lost will” can be probated. For a discussion of the requirements of proving a loss will, click here. In a case involving a lost will, the Houston Court of Appeals held that a [...]
What evidence proves an “insane delusion?”
The testator said in his will that he did not have any children. A woman claiming to be his daughter contested the will saying that the testator was operating under an insane delusion. The Austin appeals court ruled that the woman did not raise a fact issue and upheld summary judgment against her. The court [...]
Is the economy causing more contested probate cases?
There have been several artilces about the economy causing more contested probate cases. Here’s one and here’s another. I disagree that the recession is causing more cases. I have long thought that it is the changing make-up of the family that causes families to fight over family assets. In the past, mom would marry dad. [...]
