In a will contest, can you recover your attorney’s fees if they were...
The probate code provides that if you offer a will for probate in good faith and with just cause, you can recover your reasonable and necessary attorney’s fees even if you lose. In a recent will...
View ArticleIs There an Attorney Client Privilege in a Will Contest?
When a suit is filed contesting a will, the attorney who prepared the will may not be involved in the will contest. Since he is the one who supposedly prepared the will at the request of the testator,...
View ArticleCan a Fiduciary delegate his discretionary power to another?
A fiduciary owes the highest duty imposed in law to the person (beneficiary) over whose property he has control. A fiduciary might be appointed to administer a trust or handle an estate. The...
View ArticleReplaced pages in a will.
Once a will is properly executed, pages cannot be changed or replaced unless the will is re-executed with the same formalities required of a new will. In a case decided in 2013, a Texas Court of...
View ArticleCan an Ex-spouse Accidently Inherit Property?
Possibly. I’ve previously written that a divorce voids any will provision in favor of an ex-spouse or his/her family. EC123.001(b), 201.001. If a new will is executed giving the ex-spouse property...
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