Legal Question in Wills and Trusts in Texas

widows rights texas

husband died sept. 2003--during isolation for cancer at MD Anderson, he was having Chemo.During this time, his brother, executor of his will, had him sign document taking me out of his will, he says because I had not signed a prenuptual agreement. We had been married for 8 years and were reasonably happy. When I had seen an attorney, he said do not sign the prenuptual; it does not protect you. I didnot sign and he never tried to (my husband) coerse me in doing so. I was with him every minute for 7 months at MDA and never considered not being with him for he was a wonderful person and never complained. While there, I had no idea that I had been written out of the will while he was in the hispital trying to win the battle with cancer. It has been a little more than 3 years now, and nothing except two attorneys trying to tie it all up. .


Asked on 3/20/07, 5:14 pm

1 Answer from Attorneys

Re: widows rights texas

I'm not sure what you're asking, but I'll take a stab at it. Basically, your position is that the executor of the will used undue influence to have the husband set aside the prior will. You would have to file an objection in probate court to have that will set aside.

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Answered on 3/20/07, 5:43 pm


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