Legal Question in Wills and Trusts in Texas

Will question

The will of a terminally ill individual was rewritten two months before his passing, changing benefits from children to second wife. The children were not notified of the change. New will says benefits revert to children if second wife dies within six months. If after six months benefits go to third party (ie, friend of widow and sister-in-law of the notary). Does this sound kosher?

Sidenote: Son of desceased became concerned when father wrote a note while in hospital stating "She is trying to kill me."


Asked on 8/05/99, 3:13 pm

1 Answer from Attorneys

Weston Cotten Weston Cotten Attorney at Law

Re: Will question

Sounds like you may have either incapacity, or undue influence in the execution of the new will. You should review all the facts with a competent probate attorney and have the attorney look at the relationship(s) of the new wife and the notary and witnesses. The will might be overturned. Might be worth a try.

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Answered on 8/18/99, 6:43 pm


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