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Inheritance Questions?

“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. [...]

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, [...]

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 [...]

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 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 [...]

Do half siblings have the same inheritance rights as whole siblings?

The issue of who inherits when a person dies has to deal with all of the various forms of today’s families.  Families may consist of parents and step-parents, brothers and sisters, step-brothers and sisters and half-brothers and sisters. This post discusses the issue of the inheritance rights of whole and half brothers and sisters or [...]

Can a murderer inherit his victim’s property?

Legally, he can. Practically, he can’t. The Texas State Constitution has a provision that says “”No conviction shall work corruption of blood, or forfeiture of estate.” The Texas Probate Code §41(d) is similar. Those two provisions have been interpreted to allow a murderer to inherit from his victim. However, the courts have allowed the heirs [...]

In a will, when does “till she dies” mean forever?

Inheritance cases sometimes present unusual problems. A man left a holographic will. The entire will read “Last Will & testament Debbie gets everything till she dies. Being of sound mind & this is my w. last will & testament. I leave to my Wife Daphne Craigen all p. real & personal property. 12-17-99 Dalton Craigen.” Everyone involved [...]

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