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Robert A. Ray

Robert A. Ray is an attorney who has more than 30 years experience. A lawyer who knows the laws about unfair wills, inheritance disputes and other contested probate matters.

If you feel that you have lost an inheritance or are going to lose an inheritance; need to remove a Trustee due to a mismanaged estate or due to unscrupulous relatives; or, if you are considering contesting a will, we would be happy to give you a free, confidential review of the merits of your case.

Please click on the "Contact Us" tab at the top of the page, where you can fill out a short questionnaire or call us at the phone numbers listed. Our principal office is in Tyler, Texas.

We handle contested probate cases throughout Texas.

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Read About Unfair Wills and Texas Probate - Grounds for Contesting Bad Wills

Learn About Contesting a Will Because of Lack of Testamentary Capacity

Contesting a will because of lack of testamentary capacity To make a will so that the inheritance rights of loved ones are protected, a testator has to have testamentary capacity. To have "testamentary capacity" the testator must, at the time of the execution of the will, have sufficient mental ability

to understand the business in which he is engaged;
to understand the effect of his act in making the will;...
to know the general nature and extent of his property;
to recognize his next of kin and the natural objects of his bounty; and
have sufficient memory to collect in his mind the elements of the business to be transacted and to hold them long enough to perceive at least their obvious relation to each other and to form a reasonable judgment.

Can You Have an Oral Will?

Texas requires that all wills be in writing. Before 2007, however, Texas recognized nuncupative or oral wills. Now, oral wills or no longer recognized.

Before 2007 when oral wills were admitted to probate, you could only dispose of personal property by an oral will, not real property. Because oral wills were subject to abuse in that anyone could claim that the Testator told them who they wanted to have the estate, oral wills had to meet certain criteria.The will had to be:

1. Made when the Testator was in his last sickness;
2. Made at the testator's home or where he had resided for more than 10 days; and,
3. The amount subject to the will could be no more than $30.00 dollars " unless it be proved by three credible witnesses that the Testator called on a person to take notice or bear testimony that such is his will, or words of like import."

Nuncupative wills are an historical oddity that estate attorneys talk about when discussing the "good old days."

Read About Contesting a Will Because of Fraud in the Inducement

Fraud can be a reason to contest a will "Fraud in the Inducement" occurs when a fact “outside of the document” is intentionally misrepresented and, without such misrepresentation, the testator would not ave executed will. In Texas, fraud in the inducement of a dispositive instrument and undue influence are treated as one.

Fraud in the inducement can include promissory misrepresentation as well as isrepresentation of an existing fact.

If you have questions about your inheritance rights and would like to talk to an estate planning attorney or a lawyer who is familiar with inheritance and probate law to advise you about your inheritance rights, click on the "Contact Us" tab at the top.

Learn Why Unfair Wills Are Contested

When a will is offered for probate, it is offered as the last will of the testator (the person whose will it is), made at a time when the testator knew what he was doing and who was not being unduly influenced to ...
Read more about why some wills are contested

Read About Contesting a Will Because of an Insane Delusion

What is an insane delusion? A claim of “insane delusion” resembles a claim of lack of testamentary capacity and is sometimes considered to be a sub-category of testamentary capacity. An “insane delusion” is the belief of supposed facts that do not exist, and

which no rational person would believe.

The courts have held that a testatrix’s conviction that one or both of her disinherited children were...

Learn About Contesting a Will Because of Undue Influence

Contesting a will because of undue influence The inheritance rights of loved ones are defeated if the testator is under the undue influence of another. To set aside a will on the basis of a claim of undue influence the contestant must prove

the existence and exercise of an influence upon the testator,
which operated to subvert or overpower the testator’s mind at the time the will was executed, and...
such that the execution would not have occurred but for the undue influence.

Read About Contesting a Will Because of Forgery

Contesting a will because of forgery It almost goes without saying but if a will is forged, it will not be admitted to probate.

A person’s signature can vary fiom one document to the next due to age or physical infirmities, or even...

Learn About Contesting a Will Because of Fraud in the Factum

Contesting a will because of fraud "Fraud in the Factum" occurs when a testator is misled as to the nature or content of the instrument being executed. A mistake of fact or law must be accompanied by evidence of fraud or undue influence to defeat the will’s admission to probate.

Read About Contesting a Will Because of Improper Execution of the will

A will must be executed with the formalities required by the law In Texas, wills must be executed with proper formalities. If it is not executed with those formalities, the will will not be admitted to probate and the deceased's property will go to his heirs through the law of descent and distribution.

Proper execution generally requires that:

The will be in writing;
Signed by the testator;
It must be signed with testamentary intent;
The testator must know and understand the contents of the document; and
If not wholly in the handwriting of the testator, be witnessed by two witnesses who sign the will in the presence of the testator.

For a discussion on what order the parties must sign the will, click here.

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