Legal Question in Wills and Trusts in Texas

Changing a will/trust immediately before death

Are there certain limits on changing a will/trust before a death? Example: a person signs a document to completely change a will/trust and dies 4 days later. This person had alzheimers and was in the hospital and was being sedated because he/she wanted to leave. Another person went to the hospitalized person's lawyer and had papers drawn up to exclude all other persons from the will/trust. The lawyer and two witnesses went to the hospital and had him/her sign the documents (under sedation). The lawyer was the executor of the previous will/trust and was supposed to have his client's best interest at heart. The lawyer knew how the patent felt about the person changing the will/trust and knew that they were excluded from the previous will/trust. What are the limitations on this type of situation?


Asked on 3/30/00, 5:25 pm

1 Answer from Attorneys
Paul T. Hebda, Ph.D., J.D. The Hebda Law Firm

Re: Changing a will/trust immediately before death

There are no time limitations on changing ones will. You could actually do it on your deathbed. However, one still has to be of sound mind and know what one is doing. Under your scenario there appears to be some coersion, possible undue influence, or even fraud. As such, provided the facts pan out, a will contest would be your legal remedy. I would certainly consult with an attorney immediately.

Read more
Answered on 4/13/00, 8:19 am


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Texas