Much of the "action" in probate litigation these days does not involve challenges to testamentary dispositions. Instead, I see more of a trend in my practice of challenges to beneficiary designations. Those include designations for:
Read MoreEstate of Koontz is a very recent decision from the San Antonio Court of Appeals. The trial court in Bandera County had granted summary judgment against a will contestant's claims of lack of testamentary capacity and undue influence. The trial court also ordered the contestant to pay the executor $18,029.49 in attorney's fees, finding the contest was not brought in good faith or with just cause. The court of appeals reversed the summary judgment ruling and the award of attorney's fees. The primary evidence in response to the motion for summary judgment was the affidavit of the contestant.
Read MoreA fairly common scenario in estate litigation involves a claim from a widow to a share of an estate. Often there is a claim of a common law marriage. Texas recognizes common law marriage under some circumstances. Once established, a common law marriage is effectively the same as a formal marriage. Even a formal marriage can be challenged, under limited circumstances.
Read MoreThe Fort Worth Court of Appeals decision in In Re Meeker involves two important issues for probate litigators: entitlement to pre-suit discovery and estoppel based on acceptance of benefits. Both issues arise fairly regularly in will contests. Texas Rule of Civil Procedure 202 provides a limited method to obtain discovery of facts before actually filing a suit. It is a useful tool when a litigant suspects they have a valid claim, but wish to investigate further before actually filing suit. There are some exacting requirements of the rule and the discovery tools are more limited than would be allowed in an actual lawsuit. But it can be a useful mechanism at times, particularly when a potential will contestant is unable to obtain much information through informal investigation.
Read MoreIn Garrett v. First State Bank of Central Texas, the Waco Court of Appeals considered a dispute over the ownership of a decedent's account. The bank filed an interpleader when faced with competing claims to the account proceeds, between the decedent's estate and his caregiver. The decedent added the caregiver as a signatory to his money market account. After decedent's passing, the caregiver claimed he wanted the account to pass to her after his death. But the trial court ruled the account documents the decedent signed did not make her the survivorship beneficiary. There was a dispute as to whether the decedent had actually instructed the bank that he wanted the caregiver to be the beneficiary of the account or just a signatory to pay bills.
Read MoreI routinely handle life insurance beneficiary disputes. As I mentioned in a previous post, the first issue I analyze is whether the life insurance policy is governed by state law or by a federal law known as ERISA. Many ERISA policy disputes involve claims by former spouses to life insurance benefits. Many states bar former spouses from receiving life insurance benefits if the designation was made prior to the divorce. But such state laws are generally superseded by ERISA. Often there is a claim that the former spouse waived their beneficiary status in the divorce decree.
Read MoreTexas appellate courts are generally reluctant to overturn trial court factual findings regarding testamentary capacity and undue influence. In re Estate of Parrimore, from the Houston 14th Court of Appeals, is an example. Parrimore involved a trial to the judge (bench trial) of a will contest. The contest involved the usual issues regarding testamentary capacity and undue influence. The evidence at trial was that the testator signed the will only 11 days after being released from the hospital for treatment after a stroke. However, there was also evidence that the testator had begun work on his will long before the stroke and it was consistent with wishes long expressed to friends.
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