Can you probate a will after four years?
The Texas Probate Code, §73, requires that a will be probated within four years of the death of the testator “unless it be shown by proof that the party applying for such probate was not in default in failing to present the same for probate within the four years…” So the question in all of [...]
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 [...]
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 [...]
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 are you dead, Part 2.
I recently wrote on the issue of when are you dead for probate purposes here. The issue is important because Texas has a statute that says that if a person gives you something in their will and you don’t survive them by 120 hours, it is presumed that you predeceased them. The gift then goes [...]
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 [...]
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 [...]
When are you dead for inheritance purposes?
Texas Probate Code §47 provides that if you don’t survive the decedent by 120 hours, it will be deemed that you predeceased him. The same applies for jointly owned property with right of survivorship. When people own property as joint tenants with right of survivorship, the survivor gets all of the property. If the joint [...]
How do you get a copy of the will?
There are two time frames where you might want to get a copy of the will. Before the Testator dies and after he dies. The last time frame (after the Testator dies) is easy. The Texas Probate Code requires anyone who has a will of the decedent to file it with the County Clerk. If [...]
Is a forged will good for something?
It can be used to determine when the statute of limitations starts running says the San Antonio Court of Appeals. A man died. A will was offered and admitted to probate. A contest was filed. The jury found the will to be a forgery. The trial court ruled that the testator died intestate. There was [...]
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