Legal Question in Wills and Trusts in Texas

Surprise Witness in Probate Court

In a jury trial in probate court - I have several witnesses that will testify that the individual who made the will was not capable of understanding what it was he was signing. (he could not read of write) and after a stroke was told he had no children and wrote his will accordingly. He did not dis-inherit his children - only left everything to a sister with no mention of them. Do I have to divulge to the attorney (also wrote the will) representing the heir of my witnesses and what they will testify about before we go to trial. The attorney representing the heir is a high powered bill board attorney who is already mad as a hornet that I have forced this into probate court and when he found out I had no legal training whatsoever he blew his top and is now scrambling to avoid losing to an un-edukated hick who didn't grad high school in Mississippi.


Asked on 9/04/01, 6:55 pm

1 Answer from Attorneys
Peter Bradie Bradie, Bradie & Bradie

Re: Surprise Witness in Probate Court

If you are in a Texas court, you have to disclose who your witnesses will be, and what their testimony will cover in general. I have no idea what the Missouri Rules of Civil Procedure may require. I mention Missouri because the notice to me indicated there was a Missouri component to the legal issue.

I strongly suggest that you engage local counsel to assist you, since a jury trial is a complex beast and the trial attorney had best be very familiar with the rules of civil procedure, the rules of evidence, and trial evidence foundations. It is a minefield for the pro se party.

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Answered on 10/24/01, 7:40 pm


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