Legal Question in Wills and Trusts in Texas

In the state of texas, if there is a valid will leaving everything to be divided between the deceased's sister and his mother. Can his estranged children from a marriage that ended in divorce decades ago make any sort of valid claim against the estate.


Asked on 6/24/12, 6:27 am

2 Answers from Attorneys

Keith Engelke Law Office of S. Keith Engelke

The children could make a claim. However, it is unlikely to be successful. This depends upon the language in the will, the capacity of the deceased at the time the will was made and when the will was probated. You need to review these issues with a probate attorney. Also you need to consider the size of the estate and the cost of bringing such a claim to determine whether it would practical for you to do so.

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Answered on 6/24/12, 6:36 am
David Leon David L. Leon, P.C.

What they "could" do and what they'd succeed at doing are two different things. Yes, they could sue claiming someone "unduly influenced" the testator (person who wrote the will.) They could claim the deed is a forgery, etc. If they go to court and claim "this ain't fair" then they probably won't get very far.

Other claims against the estate would include if they lent the testator money, or breached a contract with them, etc.

Dave

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Answered on 6/24/12, 7:38 am


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