Legal Question in Wills and Trusts in Texas
breaking a contrual will
my uncle made a new will after my aunt died, living evey thing to me, which is land and the house he was born in, he went to the lawyer by himself and it was all legal, when he died it was probated....over a year later a cousin contested the will which say my uncle broke the contract between him an my aunt. My uncle asked if i wanted his place and i said aren't you leaving it to ron, he said no he has stolen from me and has been in jail and will just loose it are sell it for drug money. i know this is a hard one but also the will has two witnesses and one is the woman that notarized it...and she does not have her record book any more but sort of remmebers. please if anyone can help I would appricate so much .....Some time I just want to give up.......but my uncle and aunt love it so much...there are also witness who know why he change the will & i know my uncle & aunt did not realize they had this kind of will also the attorney who drew it up does not remmber why contractual was drawn up ,my aunt was very ill and they brought to the house to be signed.
1 Answer from Attorneys
Re: breaking a contrual will
It sounds as if the will is a good will, although it may not be self-proven. The burden of breaking a will is upon the party contesting it. Since both your aunt and uncle are dead, what they promised each other cannot be proven.
What county did your uncle live in? You'll want an attorney that practices in that county.
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