Texas has a two year limitations period for contesting wills. If you don’t contest a will within two years, you are barred from contesting it thereafter. As I have written before, this is true even if a forged will is admitted to probate. What happens if a minor wants to contest a will when he [...]
Archive of entries posted on March 2010
What influence is “undue?”
A will can be denied probate because the testator was under undue influence when the will was executed. What evidence is sufficient to prove undue influence is case specific. What may be considered by a jury as undue influence in one case may not be in another case. Undue influence implies the existence of testamentary [...]
Can a fiduciary duty be based on an informal relationship?
The short answer is, yes it can be. An informal relationship may give rise to a fiduciary duty when one person trust in and and relies on another, whether the relationship is a moral, social, domestic, or purely personal one. A fiduciary duty based on an informal relationship may arise when a high degree of [...]
Is a breach of fiduciary duty a crime?
Texas has a criminal statute that makes it a felony offense to misapply fiduciary property. Many of the cases dealing with the criminal aspect of misapplication of fiduciary property deal with persons who have powers of attorney over a relative. Using the power of attorney, they essentially convert the relative’s money into their own. Occasionally, [...]
Can you disclaim an inheritance if you don’t want it?
Texas allows a beneficiary to disclaim all or part of an inheritance. Why would a person want to disclaim an inheritance? Well, there are a number of reasons. There may be some beneficiaries who are in poor financial shape and the other beneficiaries don’t need the property and have a desire to help out the [...]
Class gifts versus specific gifts.
The difference between a class devise and a specific devise is the way the gift is treated if one of the beneficiaries dies before the testator. When a member of the class predeceases the testator, his share lapses in favor of the surviving class members. If the devise is not a class gift but a [...]
Proving a lost will was not revoked
I have discussed in another article the procedure for probating a lost will. To review the article, click here. One of the problems that you have when proving a lost will is that there is a presumption that the will has been revoked. One of the methods by which a will can be revoked is [...]
Should the testator sign a will before the witnesses?
To see a discussion of the requirements of executing a will, click here. What happens if the witnesses sign the will before the testator? Do the witnesses have to sign the will after the testator? As long as the execution of the will is done in one transactions, it doesn’t make any difference whether the [...]
A gift deed has to be delivered to be valid.
To be effective, a deed has to be delivered. Just as the deed must be signed to be effective, it must also be delivered. This is true whether the deed is one of purchase or of gift. The essential elements of delivery are: 1. The grantors relinquishment of control over the deed to the grantee [...]
Who gets the money if a man names his ex-wife as beneficiary in a life insurance policy?
A husband and wife of 25 years filed for divorce. The husband agreed to pay alimony until 2001. He also agreed that he would obtain an insurance policy and name his ex-wife as beneficiary “to a portion of the proceeds on such policy in a face amount sufficient to pay the then remaining alimony payments…” [...]
