Can you contest the will of a living person?
Probating the will of a living person is sometimes referred to as “ante-mortem probate.” Such actions are not allowed in Texas. Section 72 of the Probate Code says that probate of a will or administration of an estate of a living person is void. Therefore, a Texas court does not have jurisdiction to rule on [...]
Who can request an exhumation of a body?
Apparently, an illegitimate child can’t. The Health and Safety Code §711.004 allows a district court to order an exhumation if requested by certain people including the spouse or the children. That section may not apply to illegitimate children unless money is involved. In a case decided in 2010, the Texas Supreme Court ruled that a [...]
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 [...]
Is a breach of fiduciary duty a crime?
Texas has a criminal statute that makes it a felony offense to misapply fiduciary property. Many of the cases dealing with the criminal aspect of misapplication of fiduciary property deal with persons who have powers of attorney over a relative. Using the power of attorney, they essentially convert the relative’s money into their own. Occasionally, [...]
Can you disclaim an inheritance if you don’t want it?
Texas allows a beneficiary to disclaim all or part of an inheritance. Why would a person want to disclaim an inheritance? Well, there are a number of reasons. There may be some beneficiaries who are in poor financial shape and the other beneficiaries don’t need the property and have a desire to help out the [...]
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 [...]
Can you appeal a family settlement agreement in a probate case?
Not if you accepted benefits under the agreement. I have discussed the situation where a person who entered into a family settlement agreement but became dissatisfied before the judge signed the order, lost her right to appeal. To view the discussion, click here. Every person’s situation is different and requires an attorney to review the [...]
Probating a lost will
Sometimes after a person dies, a will cannot be found. If there was a will but it just cannot be found, a “lost will” can be probated. For a discussion of the requirements of proving a loss will, click here. In a case involving a lost will, the Houston Court of Appeals held that a [...]
When is a will effective?
A will normally becomes effective when the testator dies. But what happens when the testator revokes a prior will or revokes a trust? Does the revocation become effective on the date of death or on the date that the will was executed? Consider these facts: A woman creates a revocable trust leaving real estate to a grandson. Later, she [...]
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