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Account designations in favor of an ex-spouse. For decades, Texas law has provided that a designation of a spouse as a beneficiary in a life insurance policy or a will is rendered void by a divorce.
The exceptions are limited. The provision regarding life insurance policies is found in Section 9.
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The provision regarding wills is found in Section These provisions often arise in my life insurance beneficiary dispute practice and in estate disputes.
Until recently, there was no similar provision regarding beneficiary designations for multi-party financial accounts. Inthe Texas legislature added Texas Estates […].
Do you like it? Testator lacked capacity to execute estate planning documents.
In Texas Capital Bank v. The judgment was high market cap penny stocks on jury findings that the testator lacked sufficient mental capacity to execute farmville earning fv cash documents.
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This was not the classic case of challenged will executed in farmville earning fv cash days or weeks before death. In this case, the challenge was to a series of wills, codicils, and trust documents executed over a period of about 13 years. This was not an easy task for the contestants, given the long time period and […]. Court may construe a will before it is admitted to probate.
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Many will contests involve a challenge to the validity of a will, such as claims it did not meet formality requirements or that the testator lacked capacity or was subjected to undue influence. However, sometimes the primary dispute is how to interpret one or more provisions of a will.
I find this to be most often the case when the will is not prepared by an experienced estate planing lawyer. Unfortunately, homemade wills often contain confusing, unclear, or outright contradictory provisions.
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Or a testator may have an excellent will drafted by a lawyer, only to make a homemade codicil that […]. Those include designations for: That will lead to a period of opportunity for negotiation and, failing that, an interpleader suit. I have encountered a few situations where a financial institution, usually a brokerage, will demand […]. For consultation regarding representation in a potential will contest, trust dispute, or life insurance claim in Texas.