Legal Question in Wills and Trusts in Texas


After my mother-in-law changed her will to leave most everything to one cousin, we have her recorded stating that the house was to be left to my husband (only child). The conditions do meet the criteria for an ''oral'' will, if I have the terminology correct. In her home, in her last stages before dying, and she was lucid. Can we use this in court to void her previous will?

Asked on 1/27/09, 8:05 pm

2 Answers from Attorneys

Cheryl Rivera Smith The Smith Law Firm

Re: will

It is doubtful, but consult with an attorney to see if the evidence is sufficient. Many will give you a free initial consultation.

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Answered on 1/28/09, 7:54 am
David Leon David L. Leon, P.C.

Re: will

You need to speak with an attorney about non-cupative wills. There have been recent changes in the laws regarding this, if memory serves. You should also discuss undue influence.

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Answered on 1/28/09, 12:54 pm

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