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 [...]
Can beneficiaries agree not to be bound by a will?
The quick answer is yes, they can. Texas recognizes what are called “family settlement agreements.” A family settlement agreement will be enforced by a court even if the distribution of the assets under the agreement differ from the distribution of the assets under the will. A family settlement agreement is an alternative method of administration [...]
Can two people enter into a contract to make their wills a certain way?
This question usually comes up when a husband and wife make their wills at the same time. A contractual will is different from a joint will. A joint will is just one document that has the testamentary wishes of two people. It is not contractual. A mutual or contractual will is one executed pursuant to [...]
What is the difference between community and separate property?
Texas is a community property state. The word community in community property refers to the marital community; the marriage between you and your spouse. If you are not married, you do not have any community property. You only have separate property. Community property is all property acquired during the marriage except property acquired by inheritance [...]
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