In Developing Countries, Lack of Inheritance Rights for Women May Depress the Country’s Economy
In a posting on the World Bank’s blog, there is an article that points out that wives and daughters don’t have the same inheritance rights as husbands and sons in developing countries. In those countries, ownership of land is important and keeping that land in production benefits the whole economic climate. However, since women’s inheritance [...]
Change In Massachusetts’ Probate Law Benefits Spouses.
A note posted on the Lowell Sun’s website states that a recently passed Uniform Probate Code in Massachusetts made changes in the law of intestate succession. Before, when a person died without a will, the spouse and children divided the property. Under the new law, the spouse takes it all. Texas has a similar law [...]
Do Ex-pats Worry About Inheritance Laws?
They sure do. I have seen several articles and discussions recently from ex-pats (people living in foreign countries) about the inheritance laws of their host countries. Since foreign countries may have more taxes on estates than the United States does, where your estate is probated is and should be a big concern if you live [...]
“You never really know a person until you’ve shared an inheritance with them”
That quote is from the Hays Daily News site reporting on a seminar put on by Kansas State University titled “Women in Agriculture.” The article related how the women were encouraged to get their estates and the estates of their family members in order to avoid problems after death. You can read the article here. [...]
Will contest in Australia.
I have written previously about the reasons more people are filing will contest today than in the past. You can view that article here. The United States is not the only country where wills are contested. If you are interested in the requirements for contesting a will in Australia, look at this site. The foregoing [...]
Can you create a trust with my money?
In 2005 the Texarkana Court of Appeals was asked that question. An elderly couple who became concerned about their future health and living care needs made two of their children signatories on their bank account. Over time, the mother died and a daughter was able to get sole control of the funds. She refused to [...]
A Starting Point for a Will Contest is an Unnatural Disposition.
When a person is deciding whether or not to contest a will, one of the first things to look for is an unnatural disposition of the property. An unnatural disposition is one where a beneficiary of the will is not someone who most people would think of as a natural object of the testator‘s bounty. [...]
Does the phrase “is presently making payments to me” limit a gift of a mineral interest?
A testator’s will stated “I give all of my interest in the Crockett County, Texas, mineral interest that Occidental Permian Ltd. is presently making payments to me…” to my wife. After the testator died, additional wells were drilled on the land. Children from a prior marriage claimed that the gift to the wife was limited [...]
Can a testator be unduly influenced when they are incompetent?
An appeals court recently had to decide if a jury’s verdict that the testator lacked testamentary capacity and their verdict that the testator was unduly influenced was so conflicting that the verdict had to be set aside. If a jury verdict has an irreconcilable conflict, the court is obligated to reverse the case. In general, [...]
Will a forged will always be set aside?
No, says the Waco Court of Appeals. In a case decided in 2011, a testator had children from a prior marriage. He left a will leaving everything to his second wife. One of his children contested the will. During the contest, a family settlement agreement was reached. The contest was dropped and the will was [...]
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- In Developing Countries, Lack of Inheritance Rights for Women May Depress the Country’s Economy
- Do the Witnesses to a Will Have to Know They are Witnessing a Will?
- BBC reports that 20% of Wills in the UK May Contain Mistakes
- Is There an Attorney Client Privilege in a Will Contest?
- Change In Massachusetts’ Probate Law Benefits Spouses.
- Do Ex-pats Worry About Inheritance Laws?
- “You never really know a person until you’ve shared an inheritance with them”
- Will contest in Australia.
- Can you create a trust with my money?
- Does a Bank Have to Return Money to an Estate that it Let the Wrong Person Withdraw?