In two cases where wills were offered for probate more than two years after a prior probate judgment, one court held that the second will could be offered and the other court held that it could not. In the first case, an older (1965) will was admitted to probate. More than two years later, a [...]
Archive of posts tagged Family Settlement Agreement
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 [...]
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 [...]
