by Steve Spitzer | Oct 20, 2021
Can a will beneficiary accept benefits under the will and then later contest that same will, hoping to receive more through the contest? According to a 2021 Texas Supreme Court opinion, the answer is no. 1. Facts The will beneficiary accepted a specific bequest of a...
by Steve Spitzer | Mar 1, 2021
Sometimes a few simple words can have a huge impact on how estates are distributed. That was true in two recent cases involving the meaning of “personal effects” and “personal property.” 1. Do personal effects include mineral rights? Most of you probably said...
by Steve Spitzer | Oct 21, 2020
Texas has joined several other states by adopting the Uniform Partition of Heirs’ Property Act. The Act makes title determinations easier and makes fair market value transfers available. Title Determinations Clearing title to real estate held by multiple heirs, often...
by Steve Spitzer | Jul 1, 2020
In some situations, joint accounts that are otherwise non-probate assets can be brought into the probate estate. The estate executor can recover the non-probate funds from the beneficiaries who received them and can also force financial institutions to provide...
by Steve Spitzer | Apr 1, 2020
Brian Loncar died from a cocaine overdose at age 56 in December of 2016, two days after the funeral of his 16-year-old daughter, Grace. Mr. Loncar, a plaintiff’s personal injury attorney famous for his advertisements as “The Strong Arm,” was found dead at...
by Steve Spitzer | Aug 23, 2019
The Tyler Court of Appeals recently upheld an undue influence finding that denied the probate of a will. Case Facts: The testator was terminally ill with congestive heart failure and pneumonia, and the will was signed less than six weeks before the death. A...
