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 [...]
Archive of posts filed under the Inheritance category.
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 [...]
The growing problem of “deathbed marriages” between an elderly patient and their money-seeking caregiver.
The Wall Street Journal ran an article on June 11, 2011 entitled “Unholy Matrimony: How to Fight Back” about the growing problem of marriage between an elderly patient and their money-seeking caregiver. These cases differ from the normal case where a caregiver gets the elderly person to change their will to benefit the caregiver because [...]
Where to find information about Prepaid Funerals.
The State of Texas maintains a site to provide customers information about prepaid funerals. “Prepaid funeral merchandise and services is defined as goods and services sold on a prepaid basis directly to the public for use in connection with future funeral services. Along with the normal funeral service items, prepaid funeral merchandise and services also [...]
Can you incorporate another document into your will?
Some wills make reference to documents outside the will to dispose of property. If the other document is sufficiently identified and was in existence when the will was made, such a will can be valid. Most of the time, however, references to documents outside the will cause a challenge to the will. To survive the [...]
When a will is found after probate, does the two or four year limitations period apply?
In two cases where wills were offered for probate more than two years after a prior probate judgment, one court held that the second will could be offered and the other court held that it could not. In the first case, an older (1965) will was admitted to probate. More than two years later, a [...]
Who gets the decedent’s last pay check?
If a husband or wife dies unexpectedly, the surviving spouse is often plunged into a financial crisis. The dead spouse’s final paycheck is needed just to keep the household above water. The employer may not want to give the surviving spouse the last paycheck because a later appointed executor or administrator may demand the money [...]
What is the doctrine of “Dependent Relative Revocation?”
A will can be revoked by a subsequent, valid will stating that a prior will is revoked or by the physical act of destroying it. For more information and a complete discussion on revoking wills, click here. In general, a will once revoked cannot be “unrevoked” or revived unless the will is reexecuted with the [...]
What are the Inheritance Rights of a Spouse?
There is a movie titled “It’s complicated.” That title describes the inheritance rights of a spouse. It’s complicated because of defining who is the spouse, what property the spouse inherits and what is the status of any children. The inheritance laws are used to determine who inherits if there is no will or if a [...]
