Will contests

9 October 2018

A killer can’t inherit

Texas, like many other states, prohibits a killer from receiving life insurance proceeds or inheriting from an estate.  Such prohibitions are commonly referenced as either a “slayer statute” or a “slayer rule.” The public policy is obviously that a killer should not financially benefit from a death he or she willfully causes.  Given the sizes of many estates and life insurance policies, such scenarios are unfortunately not uncommon.   Certainly, investigators and prosecutor will look to whether insurance or estate proceeds might have provided motive for a particular murder. There have even been some notorious cases of people taking out […]
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 […]
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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