Legal Question in Wills and Trusts in Texas

If one spouse just died, and the other is of unsound mind, and someone is prompting him to change his will what can be done?


Asked on 2/17/12, 10:50 am

2 Answers from Attorneys

Mark Dunn Mark D. Dunn

Yes.

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Answered on 2/17/12, 10:00 pm
Brian Thomas Burdette & Rice PLLC

The problem is probably best addressed in a guardianship action. There, the focus can be on the surviving spouse's capacity and any threats of harm to their person or estate if left unassisted. As you might imagine, it's very easy for these cases to be born from the idea that "he's messing with my inheritance," which raises a number of legal issues that are probably not in your favor.

If you believe that a person is being manipulated, exploited and/or influenced in order to benefit the person doing these things, you need to visit with a probate/guardianship attorney. You'll need to prepare yourself for a fight as well, whether it comes from the surviving spouse or the person prompting the estate planning changes.

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Answered on 2/18/12, 8:32 am


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