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
Court Found Trial Court Had Jurisdiction To Appoint Temporary Administrator Where A Will Contest Was Filed From A Muniment of Title
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
Court Holds That Laches Did Not Bar A Will Contest
In In re Estate of Perez-Muzza, two days before the statute of limitations period ended, a contestant filed a will contest seeking to have a court set aside an order admitting a will to probate. No. 04-16-00755-CV, 2018 Tex. App. LEXIS 1859 (Tex. App.—San Antonio March 14, 2018, no
Court Held That Will Contestant Expressly Waived Right To Appeal From Bench Trial
In Estate of Crawford, after the first day of a will contest, the parties’ attorneys announced on the record that they agreed that neither party would assert a claim for attorney’s fees via a good-faith finding and that they would not appeal the trial court’s judgment. No. 14-17-00703-CV, 2017
Court Affirms Summary Judgment In Will Contest Where There Was No Evidence Of Undue Influence
In Estate of Frye, parties filed an application to set aside an order probating a will due to an allegation of undue influence. No. 07-16-00398-CV, 2017 Tex. App. LEXIS 6992 (Tex. App.—Amarillo July 26, 2017, no pet. history). The decedent left bequests to her daughters, Judy and Patsy, in
Court Affirms Denial Of Statutory Bill Of Review From A Trust Contest
In In re Estate of Kam, Kam sought to set aside an order probating her brother’s will via a statutory bill of review because he purportedly lacked the requisite testamentary capacity to execute the will or the will was the result of undue influence. No. 05-16-00126-CV, 2016 Tex. App.
When is a Will Not a Will? Court Determines that “Will” Was Not a Valid Will or a Valid Gift Deed and that Decedent Later Lacked Mental Capacity to Deed the Property
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
Court Reverses Finding Of Undue Influence In A Will Contest And Discusses Requirements To Execute A Will
In In re Estate of Kam, an elderly man executed a new will to omit any gift to one son after the man discovered that his life insurance had been altered to name his son as the sole beneficiary. No. 08-14-00016-CV, 2016 Tex. App. LEXIS 2070 (Tex. App.—El Paso
A Trustee Can Be Liable For a Non-Negligent Mistake
In In re Estate of Boylan, a father died in 2006 and named his son Cooper as executor. No. 02-14-00170-CV, 2015 Tex. App. LEXIS 1427 (Tex. App.—Fort Worth February 12, 2015, no pet. hist.). His other son Lonnie opposed an application to probate the father’s will due to alleged
A Beneficiary Can Seek to Remove an Executor or Trustee Without Triggering a No-Contest Clause
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