Legal Question in Wills and Trusts in Texas

if a man dies and leaves his house to one of his sons and three other sons contest the will can the one son still live in the house the one son has been living off the dad in his house for several years


Asked on 1/16/12, 8:36 pm

1 Answer from Attorneys

Brian Thomas Burdette & Rice PLLC

You've actually asked 2 questions, but both of them are equally important. First, the father could leave his estate to whomever he chooses. One son, three sons, or no sons at all. Texas has no forced heirship, and the Will can leave property to any person(s) of the father's choosing.

Second, there are many reasons why a Will might be contested. In the end, they all come down to a lawsuit, evidence and the judgment of a judge or jury. If the contest loses, the Will is upheld and the son stays in the house that he now owns. If the contest prevails, some or all of the Will might be thrown out, and the son might lose the effect of the gift under the Will.

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Answered on 1/16/12, 8:46 pm


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