News & Analysis as of

Wills Standing

Winstead PC

Court Affirms Order Voiding Marriage Between Decedent And His Niece

Winstead PC on

In Allebach v. Gollub, the decedent had three children, and after he died, one of them filed a will contest and a claim that the decedent’s marriage to his second wife was void. No. 14-22-00272-CV, 2023 Tex. App. LEXIS 3469...more

Gray Reed

Price is Paid for Failure to Timely Probate a Texas Will

Gray Reed on

 In re: Estate of Robert Scott Masters, Deceased reveals the price to be paid for failing to timely admit a will to probate or as a muniment of title. Know this about Texas probate law - The Estates Code requires...more

Winstead PC

[Webinar] Fiduciary Litigation Update: 2019-2020 - December 15th, 10:00 am - 11:15 am CT

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This presentation will cover Texas cases dealing with fiduciary issues over the survey period. Some of the issues involve the removal of a trustee, the resignation of a trustee, the production of confidential trust...more

Winstead PC

Court Holds That Will Contestant Was Not Estopped From Challenging The Will Due To Accepting Assets

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In "In the Estate of Johnson," a decedent’s daughter filed a will contest after accepting over $146,000 from the estate. No. 05-18-01193-CV, 2019 Tex. App. LEXIS 9646 (Tex. App.—Dallas November 4, 2019, no pet.). ...more

Farrell Fritz, P.C.

Sometimes It’s Just a Question of Standing

Farrell Fritz, P.C. on

A person’s standing to interpose objections to probate is governed by SCPA §1410, which provides that, - any person whose interest in property or in the estate of the testator would be adversely affected by the admission...more

Winstead PC

Interest Under Will Did Not Revert Back To Estate

Winstead PC on

In Roberts v. Wilson, the El Paso Court of Appeals ruled that the wife of a beneficiary under a will was entitled to her husband’s interest in real property because he survived his parents and the bequeath did not have a...more

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