Probate, Summary Judgment, Wills

Court Reversed Summary Judgment And Held That There Was A Fact Question On Whether A Trust Was Void Due To Forgery Or Fraud

Winstead PC on 6/26/2025

In In re Est. of Prieto, the contestant’s mother executed a will in 2008 leaving her property to a trust. No. 04-22-00038-CV, 2024 Tex. App. LEXIS 6336 (Tex. App.—San Antonio August 28, 2024, no pet.)....more

The Presumption of Revocation that Oftentimes Applies to Lost Wills

Farrell Fritz, P.C. on 6/16/2025

New York law generally requires that, to have a will admitted to probate, a party offering the will for probate must file the original instrument with the Surrogate’s Court (Margaret V. Turano, Practice Commentaries: SCPA §...more

Court Reversed Summary Judgment And Held That There Was A Fact Issue On Whether The Testator Had Mental Capacity To Execute A Will

Winstead PC on 10/3/2023

In Castello v. Ex’r of the Est. of Castello, the decedent died leaving a will that left his property to his wife “for life” and then to his three children by a prior marriage. No 03-22-00012-CV 2023 Tex. App. LEXIS 4454 (Tex....more

Probate › Summary Judgment › Wills

Court Reversed Summary Judgment And Held That There Was A Fact Question On Whether A Trust Was Void Due To Forgery Or Fraud

The Presumption of Revocation that Oftentimes Applies to Lost Wills

Court Reversed Summary Judgment And Held That There Was A Fact Issue On Whether The Testator Had Mental Capacity To Execute A Will

Court Affirms Order Voiding Marriage Between Decedent And His Niece

Court Holds That Holographic Will Was Not Valid As There Was No Signature

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

Independent Executor Had Authority To Sell Estate Real Property Despite Nothing In The Will Giving Him That Authority

Executor’s Duties Before Receiving Letters

Appellate Court Notes

Probate › Summary Judgment › Wills

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