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 →

This case, In the estate of Marilyn Frances Martinez, pits father against daughter in a dispute over whether language in a handwritten will is a valid devise of property under Texas law. Background Marilyn Martinez died of COVID in November 2020.  Less than 5 days later (117 hours, to be precise), her second husband, Raymond Martinez, died as well. She was survived by her son, Clifton, his daughter (her granddaughter) Desiray, and Desiray’s two siblings. After Marilyn’s death, Desiray, found a handwritten document among her belongings.  The first page… 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 →