TXPL

7 March 2019

The case of the blinking testator

In ESTATE OF LUCE, the Fort Worth Court of Appeals considered questions surrounding the validity of proxy signatures and testamentary capacity of an accident victim of executes a substitute will while in the hospital. Michael and GayeLynne Luce’s marriage was not without conflict. After years of trial separations and attempted divorce the couple finally appeared to split for good. In the Fall of 2015 with Michael and GayeLynne’s divorce proceedings working its way through Parker County, Texas courts, Michael was in an ATV accident that left him a quadriplegic. Upon admission to the hospital immediately after the accident, an alert […]
13 September 2018

Court rejects undue influence claim regarding account designations

Many assets pass through beneficiary designations. A significant part of my Texas estate litigation practice involves contesting life insurance beneficiary designations and contesting financial account designations. In Fielding v. Tullos, the Beaumont Court of Appeals considered a contest to financial account designations, based on claims of undue influence. The decedent had various financial accounts at UBS. He was widowed and had no children. His legal heirs included six nieces and nephews. A caretaker began working for the decedent and his wife in 1997. She continued working for the decedent after his wife died in in 2004.  In 2004, the decedent […]
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 […]
4 March 2018

Yes, a deed can be overturned

A deed is typically considered a non-testamentary disposition.  Property that has been deeded away, either directly or through a retained life estate, is not included in a grantor’s estate at death. But are there ways to overturn a deed under Texas law? Yes.  Like a will or an account/insurance designation, a deed can be set aside if a grantor lacked sufficient mental capacity to execute the deed.  Or if the grantor was subjected to undue influence in executing the deed. The analysis will be similar to a will contest. Mental capacity is relatively straightforward, even if the proof is often […]
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