Family members sometimes suspect a will was forged after a loved one dies. Perhaps the signature looks different from other documents the deceased signed. Maybe the person named as executor had the most to gain from the will’s provisions. The circumstances surrounding the will’s execution seem suspicious. These concerns lead family members to believe the...KEEP READING

Families who suspect their loved one lacked mental capacity when signing a will face a difficult challenge in probate court. The deceased might have struggled with dementia, taken strong medications, or shown confusion in the months before death. Medical records might document cognitive decline. Family members might recall troubling conversations. These facts seem to prove...KEEP READING

When the validity of a will is challenged in court, Texas law allows scrutiny of issues like undue influence and mental capacity of the testator. However, sometimes an executor may be a history of past misconduct. In these scenarios, can that prior history be used to prove undue influence during probate? The Smith v. Smith, No. 389...KEEP READING

Property disputes sometimes arise when someone obtains assets through wrongful conduct. A decedent intends to leave property to a particular beneficiary but dies before executing the planned will and estate plan. Family members who stand to inherit under intestacy laws allegedly prevent the decedent from signing the will. After death, the property passes to the...KEEP READING

When people think about creating a will, they often picture either a formal document prepared by an attorney or a handwritten document penned by the testator. But what about a will that is typed by the testator themselves? Can someone sit down at a computer, type out their wishes for property distribution after death, print...KEEP READING

When a will is believed to be invalid or defective, Texas law allows interested parties to challenge the will through a contest proceeding. The Estate of Rodgers, No. 13-22-00202-CV (Tex. App.–Corpus Christi 2023) case examines the grounds for contests and the evidence needed to prove such an allegation. Facts & Procedural History The background of...KEEP READING

Estate planning documents frequently contain seemingly simple terms that later spawn disputes. A will leaves someone “the house” or “the farm” or “the real property.” Years pass. The testator sells parts of the property or receives notes as payment. The testator dies. Beneficiaries argue about what passes under the will. Some claim the testator meant...KEEP READING

Holographic wills appeal to people who want simple estate planning without attorneys. This may include online forms or services that generate wills, or even having a non-attorney friend prepare the document. These non-attorney wills are frequently disputed, and often result in expensive litigation. One area of the disputes for these wills are those who handwrite...KEEP READING

People execute wills in various ways. Some sign formal documents prepared by attorneys with witnesses present. Others handwrite simple documents disposing of their property. Texas law accommodates both approaches through different requirements for attested wills and holographic wills. However, one question frequently arises: what constitutes a valid signature on a will? The Texas Estates Code...KEEP READING

Estate planning often feels like just another item on life’s to-do list. People meet with attorneys, sign documents, and assume everything is properly handled. The lawyer witnessed it. The notary stamped it. The documents go into a drawer or safe deposit box. Years later, when someone dies, the family discovers that a small technical error...KEEP READING