Does the phrase “is presently making payments to me” limit a gift of a mineral interest?
A testator’s will stated “I give all of my interest in the Crockett County, Texas, mineral interest that Occidental Permian Ltd. is presently making payments to me…” to my wife. After the testator died, additional wells were drilled on the land. Children from a prior marriage claimed that the gift to the wife was limited [...]
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 [...]
Class gifts versus specific gifts.
The difference between a class devise and a specific devise is the way the gift is treated if one of the beneficiaries dies before the testator. When a member of the class predeceases the testator, his share lapses in favor of the surviving class members. If the devise is not a class gift but a [...]
A gift deed has to be delivered to be valid.
To be effective, a deed has to be delivered. Just as the deed must be signed to be effective, it must also be delivered. This is true whether the deed is one of purchase or of gift. The essential elements of delivery are: 1. The grantors relinquishment of control over the deed to the grantee [...]
Can there be a parol (oral) gift of real estate?
Normally, a conveyance of real property has to be in writing. However, a gift of realty can be made in two ways: either by deed or by parol (oral) gift. To relieve a parol gift of real estate from the requirement of a writing, one must show three elements: (1) a gift in praesenti, that [...]
How do you make a gift of CD’s?
In a contested probate case, the mother bought several CD’s. She had the bank list them under her name and her son’s name: “Mother or Son.” There was no question that all of the money in the CD’s came from mother. Eight days before mother died, son cashed out the CD’s. When they were not [...]
When is a gift not a gift?
In a recent case, the second paragraph of a will gave a piece of land to the testator‘s wife “to be hers absolutely forever.” The third paragraph of the will gave the land to the testator‘s sons in the event of the simultaneous death of the testator and his wife or “upon the death of [...]
What if there are not enough assets in the estate to pay all of the expenses?
Today’s word is abatement. Estate property is liable for debts and expenses of administration. How are these paid? Do all of the beneficiaries share this burden equally? Texas, like most states, specifies a way that the property abates. The Executor or Administrator is to follow these guidelines: If the testator has specified a particular way [...]
What happens if the testator leaves you something in his will but when he dies, he no longer owns the property that he gave you?
The word for today is “ademption.” If a testatormakes a will and leaves specific property to someone and then later sells or otherwise disposes of the property, the law says that the gift is “adeemed.” In other words, the person to whom it was given doesn’t get anything. Ademption applies to specific gifts such as [...]
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