Legal Question in Wills and Trusts in Texas
My 90 year old uncle died on Jan 19,2010. In a conversation with him on the phone about 5 years ago, He told me that I was his only heir to the will. I'm his only living relative and we got along fine. I live and work in Alaska, and he died in San Antonio,Tx. I've come to find out he revised his will about 3 years ago while he was in the hospital for a couple of months and left his entire estate worth about $650,000 to a close friend that lives in San Antonio. The will was 4 pages long, typed, and one paragraph states he initial each page which he did not do. It's witnessed by 2 people but has no lawyer or notary stamp or signature on it. Do you think I should contest this? thanks Tracy Peterson
2 Answers from Attorneys
All he has to do is to sign the will before 2 witnesses. The witnesses must testify in court that he signed the will.
To contest this will and receive the estate, you would have to be successful in the contest and either would have to he his heir under texas law or the beneficiary of a prior valid will which you could then bring to court and probate.
To me, the important issue is whether he had testamentary capacity when he executed the revised will. If you can show that your uncle did not know what he was doing when he signed the revised will, you have a good chance.
You need to hire a local attorney to represent your interests.
Lack of testamentary capacity is extremely difficult to prove. You would be more likely to succeed in a will contest if there was undue influence or if there was evidence of forgery or fraud.
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