The validity of a will can be a contentious issue within families. Whether attested or holographic, wills must meet specific criteria to be considered authentic and to be admitted to probate. When allegations of forgery arise, the question becomes: Can the authenticity of a will be proven and what evidence is used to prove the...KEEP READING
In Texas, the probate process is governed by the Texas Probate Code. When a person passes away, their assets and liabilities are gathered, and their debts are paid off before distributing the remaining assets to the beneficiaries. One of the most crucial documents in the probate process is the last will and testament of the...KEEP READING
Drafting a will is an important step for any Texas resident, as it helps to ensure that your estate and assets are distributed according to your wishes after you pass away. As such, it needs consistent language that specifies the intent of the decedent when leaving behind assets and properties to the proper beneficiaries. However,...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
Texas courts have long recognized their equitable power to impose constructive trusts as a remedy to prevent unjust enrichment. However, is it necessary to have a constructive trust in writing? The case Pope v. Garrett, No. 147 Tex. 18 (Tex. 1948) case illustrates how constructive trusts can arise orally and override legal ownership to remedy...KEEP READING
When a loved one passes away, they may have specific wishes for how their estate is to be distributed. As such, they may leave behind a will that has this information. However, sometimes they may write it out by hand or typed. In that case, is a typed will valid in Texas? The Zaruba v....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
