When a will is found after probate, does the two or four year limitations period apply?
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 [...]
Can a murderer inherit his victim’s property?
Legally, he can. Practically, he can’t. The Texas State Constitution has a provision that says “”No conviction shall work corruption of blood, or forfeiture of estate.” The Texas Probate Code §41(d) is similar. Those two provisions have been interpreted to allow a murderer to inherit from his victim. However, the courts have allowed the heirs [...]
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 [...]
Limitation period for removal of a trustee
The Texas Supreme Court ruled in June 2009 that there is no statute of limitations for removal of a trustee. A beneficiary filed suit to remove the trustee of a trust set up for the benefit of the beneficiary. The trustee, although acknowledging breaches of fiduciary duty, contested the removal on the basis that more [...]
Time limits for contesting a will
If you are about to lose your inheritance because someone else is attempting to probate an unfair will, how much time do you have to contest the will? In Texas, the statute of limitations for contesting a will is complicated. Since the time limits begin when the will is admitted to probate rather than when [...]
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- Supreme Court rules children born by IVF not entitled to social security benefits.
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