Blog

27 July 2018

How to contest a will in Texas

Questions regarding the basics of contesting a will or defending a will contest are common from potential clients.  Of course, every case is different.  The most important guidance I can provide is to consult with an experienced probate litigator very, very early in the process.  I can not count the number of times I’ve been asked to consider handling a will contest after the potential client has spent months or more with a lawyer who is a “family friend” or was seemingly picked at random.  That has often put the client already at a tremendous disadvantage before I am ever […]
11 July 2018

Estate of Harrell: Jury finds testator had capacity

In Estate of Harrell, the testator’s daughter challenged her father’s capacity to execute a will.  The jury found he had capacity and the Houston Court of Appeals (1st. Dist.) affirmed that decision. The father executed the challenged will in 2012.  The will specifically identified the daughter, but disinherited her.  Instead, he gave his property generally to the sons of a close friend and to his brother.  This was contrary to a will he had executed in 1999. The father died in 2016.  Daughter contested the 2012 will, citing her father’s alleged alcoholism and a hoarding disorder. She also cited the […]
22 June 2018

Sibling has standing to complain of another sibling

In Mayfield v. Peek, the El Paso Court of Appeals considered a standing issue.  Standing may sound like a dry issue, particularly to non-lawyers.  But is a crucial issue to my practice of litigating Texas estate and trust beneficiary disputes.  If a court rules that a party does not have standing, it will typically not even reach the merits of the underlying issue.  In layman’s terms, the courthouse doors are closed. Mayfield involved two siblings fighting over an inheritance from their parents. The parents had set up a family revocable trust their children and several other relatives.  The trust was […]
9 June 2018

Court finds evidence to establish lack of capacity

In Estate of Danford, the County Court in Brazoria County had dismissed a will contest at the summary judgment stage.  In essence, the trial court found that the contestants to the offered will had not presented sufficient evidence to get to trial on either lack of capacity or undue influence claims.  The Houston 14th Court of Appeals disagreed. Regarding capacity, the court of appeals noted the following evidence from the contestants: Neither of the will witnesses had previously known the testator Neither of the witnesses could confirm the witnesses knew she was signing a will; no one read the will […]
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