Legal Question in Wills and Trusts in Texas

Re: non-relative as legal heir

These relatives have no basis for contesting the will, but that may not stop them from raising an issue. If the widow anticipates problems from them, all she has to do is mention them in her will; i.e. "My sister Alice has whatever she needs, so I leave her nothing." That eliminates the argument that the widow wasn't competent because she overlooked her sister.

Re: non-relative as legal heir

She can leave her estate to whomever she likes. Make sure she has a lawyer prepare the documents if she anticipates a problem. This way, her counsel can ensure that the will is drafted and executed properly, thereby reducing the chance that a peron attacking the will will be successful. (An outsider to the will can always attack the will, but they aren't always successful.)

Re: non-relative as legal heir

The friend would receive everything as long as the widow was of sound legal mind, and body when she wrote and signed the will witnessed by two

people whose signatures were affixed. It also must be legible and a couple of other specific things that can be checked up.

The only way her family could get anything is if she died intestate (without a will). In that case, the spouse gets it first (not applicable

here), then the children (not applicable) then the siblings.

In order for the siblings to get anything they're going to have to prove that the deceased was either incapacitated or the will was forged.

Olivier Gibbons, Esq/Whittier Law Firm