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TheProbate.Net
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Inheritance disputes, will contest, property disputes and fiduciary litigation.
Inheritance disputes, will contest, property disputes and fiduciary litigation.

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Necessary Parties To Will Contest - Necessary parties to will contest In every lawsuit, there are necessary parties. For instance, a husband cannot file for divorce without making his wife a party and serving her with citation. The same may be true in will contest but there is a difference between Continue reading The post Necessary Parties To Will Contest appeared first on www.InheritanceLaws.Info. http://ow.ly/2Ok2PB

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Pay On Death Beneficiary Designation - Non Probate Assets Financial accounts like checking accounts, savings accounts, C.D.'s and retirement accounts are non probate assets. That means that a person's will does not control who gets the funds. The beneficiary designation on those accounts determine who gets the funds. They do not Continue reading The post Pay On Death Beneficiary Designation appeared first on www.InheritanceLaws.Info. http://ow.ly/2NW3Id

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Probating A Newer Will - Estoppel I've written about how accepting benefits under a will may prevent or estop a person from contesting that will. In a 2014 case a trial court ruled that a party was estopped from probating a newer will and from contesting the older will. The Continue reading The post Probating A Newer Will appeared first on www.InheritanceLaws.Info. http://ow.ly/2NBw0u

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"Interested Persons" Can Contest Wills. - Interested Persons The Texas Estates Code provides "interested Persons" the right to file a will contest. If a contestant is not an interested person, he cannot file a will contest. So who is an interested person? An interested person is an heir, devisee, spouse, creditor, Continue reading The post "Interested Persons" Can Contest Wills. appeared first on www.InheritanceLaws.Info. http://ow.ly/2MGNAY

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Family Settlement Agreement And Jurisdiction. - Jurisdiction After A Family Settlement Agreement In a 2014 probate case out of the Austin court of appeals, the executor appealed an order from the probate court requiring her to file an accounting. The executor claimed that since all the parties had entered into a Continue reading The post Family Settlement Agreement And Jurisdiction. appeared first on www.InheritanceLaws.Info. http://ow.ly/2MAHeP

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Tortious Interference With Inheritance Rights. - What is it? Tortious interference with inheritance rights is a tort where someone does something that has the effect of denying you an inheritance or gift that you should have received. It is a tort just like when someone runs a stop sign and injures Continue reading The post Tortious Interference With Inheritance Rights. appeared first on www.InheritanceLaws.Info. http://ow.ly/2LbjHL

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Credible Witnesses To A Will. - Two credible witnesses are required. The Texas Estates Code requires every last will and testament, if not wholly in the handwriting of the testator, to be attested by two or more "credible witnesses." The proponent of the will has the burden of proof to show Continue reading The post Credible Witnesses To A Will. appeared first on www.InheritanceLaws.Info. http://ow.ly/2KTS8I

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Effects Of A Contractual Bequest In A Will. - Contractual Bequest The Dallas Court of Appeals decided a case in 2013 that involved this contractual bequest in a will: if you "reside with and care for me until my death" I'll give you a million dollars. It also had a provision that if the lady failed to perform fully, then the bequest of one [...] The post Effects Of A Contractual Bequest In A Will. appeared first on www.InheritanceLaws.Info. http://ow.ly/2KFFuE

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Contingency Fees When Contesting A Will? -  Contesting A Will When you are forced to contest a will because someone is trying to keep you from your rightful inheritance, you have to retain an inheritance attorney. How you pay that inheritance lawyer may determine whether you can or can't contest the will. Hourly Fee When you are contesting a will, you normally [...] The post Contingency Fees When Contesting A Will? appeared first on www.InheritanceLaws.Info. http://ow.ly/2Kk3ur

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Statutes Of Limitation For Contesting A will Can Be Fatal. - Texas has a two year statute of limitation for contesting a will. Other states have shorter or longer time limits for will contest. An example of a short period of time for challenging a will is the state of Indiana. The statute of limitation in Indiana is only three months after the will has been [...] The post Statutes Of Limitation For Contesting A will Can Be Fatal. appeared first on www.InheritanceLaws.In... http://ow.ly/2KbSHc
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