Elder Financial Abuse – Signs
The United States government’s Administration on Aging, a part of the U.S. Department of Health & Human Services, identifies the major types of elder abuse such as physical abuse, sexual abuse, neglect, financial abuse, etc. A type of abuse identified by the U.S. government that is seen too often in probate and inheritance matters is [...]
Concealing, altering or destroying a will is a state jail felony in Texas.
Texas Penal Code §32.47(d)(1) makes it a state jail felony for a person to conceal, alter or hide a will of another person. The statute says “A person commits an offense if, with intent to defraud or harm another, he destroys, removes, conceals, alters, substitutes, or otherwise impairs the verity, legibility, or availability of a [...]
When does a minor have to file a will contest?
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 [...]
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 [...]
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 One of the problems that arises when probating a lost will is that there is a presumption that the will has been revoked. When a will was last known to be in the decedent’s possession and [...]
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 [...]
What evidence proves an “insane delusion?”
The testator said in his will that he did not have any children. A woman claiming to be his daughter contested the will saying that the testator was operating under an insane delusion. The Austin appeals court ruled that the woman did not raise a fact issue and upheld summary judgment against her. The court [...]
Is the economy causing more contested probate cases?
There have been several artilces about the economy causing more contested probate cases. Here’s one and here’s another. I disagree that the recession is causing more cases. I have long thought that it is the changing make-up of the family that causes families to fight over family assets. In the past, mom would marry dad. [...]
Can a will that cannot be admitted to probate be used to revoke another will?
A will has to be filed for probate within four years of the death of the testator. If it is not, it can’t be filed and the law will treat the dead person as if he had died intestate, without a will. There are some exceptions to this but the general rule is that the [...]
Should you prepare your own will?
At www.TheProbate.Net, we handle contested probate matters, usually involving litigation. We do not prepare wills. However, every lawyer receives questions about people preparing their own wills. We are often asked “You’re against getting wills off the internet because you’re loosing money, isn’t that right?” or some similar question. If those of us who are engaged [...]
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