Legal Question in Business Law in Texas

Re: Wills

Only if the attorney is her son, or other closest blood relative.

The attorney could be named as executor of her will, but he's not allowed to inherit anything.

Re: Wills

On the face this seems very innapropriate. Please call me at 214-520-0000.

Re: Wills

Below is the applicable statute, which contains revisions effective Sept. 1, 1997. For wills executeed before that date, there may be different interpretations. See the comments made by other lawyers to this question.

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§ 58b. Devises and Bequests That Are Void

(a) A devise or bequest of property in a will to an attorney who prepares or supervises the preparation of the will or a devise or bequest of property in a will to an heir or employee of the attorney who prepares or supervises the preparation of the will is void.

(b) This section does not apply to:

(1) a devise or bequest made to a person who:

(A) is the testator's spouse;

(B) is an ascendant or descendant of the testator; or

(C) is related within the third degree by consanguinity or affinity to the testator; or

(2) a bona fide purchaser for value from a devisee in a will.

Re: Wills

Clarification on Effective date: The earlier reply by Charles G. White citing the Texas statute on devises and bequests to attorneys cited an effective date of Sept. 1, 1997. However, the effective date of part (b) allowing for some exceptions to bequests and devises to lawyers was added effective Sept. 1, 2001.