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 →

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 →

An opinion from the Corpus Christi Court of Appeals last year is a great review of the legal requirements to execute a valid will in Texas. Background Pedro Vera passed away in August 2018.  In October 2018, his former neighbor, Mr. Sanchez, filed an application for probate of Mr. Vera’s holographic (handwritten) will.  Sanchez produced a holographic will purportedly drafted and signed by Mr. Vera on November 25, 2010, during a Thanksgiving dinner. Mr. Vera’s brother, Hector, contested the probate application, claiming that the signature on the holographic… Read More →

A recent Houston Court of Appeals (1st District) case, In re the Estate of Billy Joe Wlecyk, offers some important considerations to consider with regard to executing a will and codicil. Background Billy Joe Wleczyk died on January 30, 2018.  Two days later, his daughter, Sharon Reed,  filed an Application for Probate of Will and Letters Testamentary stating that Billy Joe resided in Brazoria County at the time of his death.  The Application further provided that he executed a will in 2001, which was ratified in July 2016, and… Read More →