Legal Question in Wills and Trusts in Texas

Re: Conservation Easement

1.Is it legal for the executrix to have rewritten and signed the will for my father while she was legal power of attorney and he was in diminished mental capacity?

A power of attorney does not grant authority to sign a will on behalf of the grantor. She may have re-written the will but she couldn't sign for your father.

2.Can she enter us into a binding conservation easement when 2/3 of the heirs are adamately opposed to it?

If the will is valid, and she is the executrix as determined by the probate court, she can. She is following the will.

3.Who can contest the will itself since there is a poison pill clause?

Any one with an actual or potential interest in your father's estate. If the will is deemed invalid, the poison pill clause goes away as well.

4. Does the attorney she hired to represent her (paid by estate funds) who wrote the will, owe a responsibility to all heirs in the estate?

The attorney doesn't have any duty to the heirs. The duty was to your father, and now to your father's estate.