The probate code provides that if you offer a will for probate in good faith and with just cause, you can recover your reasonable and necessary attorney’s fees even if you lose. In a recent will contest, the proponent offered a 2003 will for probate. The contestants contested the 2003 will and offered an older [...]
Archive of posts filed under the Probate 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 [...]
Unsworn Declarations Will Replace Affidavits, Verifications, Oaths, etc. in September.
The Texas Legislature has passed and the governor has signed House Bill 3674 which amends §132.001 of the Civil Practice and Remedies Code and states that an unsworn declaration “may be used in lieu of a written sworn declaration, verification, certification, oath, or affidavit required by statute or required by a rule, order, or requirement [...]
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 probate a will after four years?
The Texas Probate Code, §73, requires that a will be probated within four years of the death of the testator “unless it be shown by proof that the party applying for such probate was not in default in failing to present the same for probate within the four years…” So the question in all of [...]
Can a testator make hand written changes to his will?
Texas recognizes two types of wills. A typed will and a handwritten will. A handwritten will is called a holographic will.These two types of wills are equally valid but have different requirements. A holographic or handwritten will, must be wholly in the handwriting of the testator. It cannot have parts that are printed and parts [...]
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 [...]
Can a codicil revive a revoked will?
A codicil is an addition or supplement to a will. Someone may have been born or died since the original will was executed. A codicil is an easy way to make additions or deletions to a will without having to redo the entire will. However, the codicil has to be executed with the same formalities [...]
