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Estate Planning › Wills › Reversal

Estate Planning is a process where individuals prepare or plan for the settlement of their personal affairs in the event of incapacitation or death. Estate plans typically include provisions relating to the... more +
Estate Planning is a process where individuals prepare or plan for the settlement of their personal affairs in the event of incapacitation or death. Estate plans typically include provisions relating to the disposition of assets, guardianship of minor children, and appointment of representatives to make medical and financial decisions. Effective estate planning can decrease tax liability and facilitate the probate process.  less -
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Court Reverses Summary Judgments On The Alleged Exercise Of A Power Of Appointment, Disclaimer, And The Statute Of Limitations

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In In re Estate of Wells, No. 12-23-00066-CV, 2023 Tex. App. LEXIS 8475 (Tex. App.—Tyler November 8, 2023, no pet. history). The testator left a will that created a trust for his wife and descendants, named his wife as the...more

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Court Reverses Summary Judgment On The Issue Of Whether A Testatrix Had The Mental Capacity To Execute A New Will

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In In the Estate of Mahaffey, a testatrix executed a new will nine days before she died of cancer. No. 04-19-00122-CV, 2019 Tex. App. LEXIS 11171 (Tex. App.—San Antonio December 27, 2019, no pet. history)....more

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The Texas Supreme Court Holds That The Only Consideration In Probating A Will After The Four-Year Limitations Period Is Evidence...

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In Ferreira v. Butler, a husband and wife divorced, and the husband married a second wife. No. 17-0901, 2019 Tex. LEXIS 375 (Tex. April 12, 2019). The second wife died, and the husband never probated her will, which left...more

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Court Reverses Trial Court’s Order Denying An Application To Probate A Will As A Muniment of Title

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In Ramirez v. Galvan, a probate court denied the application for probate of a will as a muniment of title where the application was filed more than four years after the testator’s death. No. 03-17-00101-CV, 2018 Tex. App....more

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Court Voided Judgment Based On Family Settlement Agreement Where Party Revoked Consent

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In In re Estate of Spiller, a party appealed an order admitting a will to probate and ordering the independent administrator to distribute the estate in accordance with a family settlement agreement. No. 04-15-00449-CV, 2016...more

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Court Addresses Common-Disaster Provision In Will

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In Stephens v. Beard, a husband shot his wife, who died immediately, and then shot himself. He died hours later in the hospital. No. 12-13-00160-CV, 2014 Tex. App. LEXIS 3895 (Tex. App.—Tyler April 10, 2014), rev’d, No....more

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