Will Contest Litigation

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In Chabot v. Estate of Sullivan, the decedent’s attorney probated a holographic will as a muniment of title. No. 03-17-00865-CV, 2019 Tex. App. LEXIS 2145 (Tex. App.—Austin March 20, 2019, no pet.). A claimant then asserted a claim that the decedent sexually abused him. The tort claimant and the…

In Lemus v. Aguilar, relatives fought over ownership of a decedent’s home.  No. 04-14-00609-CV, 2016 Tex. App. LEXIS 2685 (Tex. App.—San Antonio Mar. 16, 2016, no pet. h.).  Elvira, the deceased, lived in her home for over 20 years with her boyfriend, Garza.  Elvira and Garza were named managing…

In Ard v. Hudson, a beneficiary sued testamentary trustees and executors for breach of fiduciary duty and also sought temporary injunctive relief and also sought a receiver. No. 02-13-00198-CV, 2015 Tex. App. LEXIS 8727 (Tex. App.—Fort Worth August 20, 2015, no pet. history). The trial court granted a summary…

Every day, individuals change their wills, trusts, bank accounts, and other estate documents. These changes often impact beneficiaries and others who expect to receive benefits under these documents. When the changes result in an individual receiving fewer assets than before, litigation can arise. Claims of undue influence and mental incompetence…