I recently had the chance to join Mac and Wayne on their National Land Podcast to chat about the topic of estate planning.  We had a really fun conversation about things land owners should consider and mistakes we’ve seen in our careers.  You can listen here. If you are interested in farm and ranch estate planning in particular, we have lots of great resources!  Check out the Successful Succession video series I made in conjunction with Texas Corn Producers here.  We also have a playlist of our podcast… Read More →

When people hear talk of the probate process, they may cringe and have an idea that probating a will or going through an estate administration if someone dies intestate (without a will) should be avoided at any cost.  Fortunately for those of us who live in Texas, the probate process is not nearly as onerous as it may be in other states.  Thus, while there may be situations to seek out an alternative to the probate process, it is certainly not a goal that exists for every estate. … Read More →

Does a witness to a will signing have to know what is being signed?  This was the question recently before the Amarillo Court of Appeals in In the estate of Chester Freeman Youngblood, deceased.[Read Opinion here.] Background The court summarized the case this way:  “This case has all the makings of a legal riddle:  two Debras, two wills, and one key question–does a witness to a will need to know it’s a will to validly witness the signing of it?” Chester Youngblood died in 2016 under the care of… Read More →

A recent case from the Austin Court of Appeals, Wilson v. Franks, highlights the requirements for a handwritten (“holographic”) will to be valid in Texas. [Read Opinion here.] Background When Robert Franks died, his cousin, Susan Franks, asked the court to declare her and another cousin as Robert’s heirs and that he died without a will.  Valerie Wilson, who claimed to have a long-term, live-in relationship with Robert, objected and applied for the court to probate a handwritten document she claimed was a holographic will.  Susan objected to the… Read More →

What happens when the original of a will goes missing and there is no evidence of what happened?  That was the issue recently addressed in In the estate of Myrtle Dell Brown. Background Myrtle Brown died in June 2018 at 93 years old.  She was not married and had no children.  The value of her estate was approximately $750,000. Ms. Eriks filed an application for probate of a copy of a will seeking to introduce a will dated October 1, 2009 that named the Humane Society as the sole… Read More →

When a widow was told by an attorney she did not need to probate her husband’s will, but learned 11 years later she should have done so, what happens?  This was the issue facing the Austin Court of Appeals in Castillo v. Castillo-Wall.  [Read Opinion here.] Applicable Law Section 256.003(a) of the Texas Estates Code provides:  “A will may not be admitted to probate after the fourth anniversary of the testator’s death unless it is show by proof that the applicant for the probate of the will was not… Read More →