Challenging a will in Texas

[dbitts]

My Step Mother passed away Friday, Aug. 10. She was, let us say, NOT of sound mind and body when she had a lawyer draft a will that named a personal friend of hers the Executor and disinherited her two natural children as well as me and my Sisters. Her final wishes included having her two dogs euthanized, mixing her ashes with theirs and dumping them out in her back yard (if that gives you an idea of her state of mind). My Step-Brther and Sister are in town from Missouri and we hare in dire need of an atty in the Grand Prarie, Tx. area who can help us. We need to challenge the will. The atty of record on this will is in Weatherford, Tx. This atty is rather confrontational with us as is the Executor who basically tells everyone to "go climb a tree" (not in so many words). IF there's anyone there reading this this morning, please respond with contact info.

 

[Mass_Shyster]

My Step Mother passed away Friday, Aug. 10. She was, let us say, NOT of sound mind and body when she had a lawyer draft a will that named a personal friend of hers the Executor and disinherited her two natural children as well as me and my Sisters. Her final wishes included having her two dogs euthanized, mixing her ashes with theirs and dumping them out in her back yard (if that gives you an idea of her state of mind). My Step-Brther and Sister are in town from Missouri and we hare in dire need of an atty in the Grand Prarie, Tx. area who can help us. We need to challenge the will. The atty of record on this will is in Weatherford, Tx. This atty is rather confrontational with us as is the Executor who basically tells everyone to "go climb a tree" (not in so many words). IF there's anyone there reading this this morning, please respond with contact info.

This is not an attorney referral site. Click on the 'find an attorney' link if that's what you want to do.

Also, I don't think you have standing to contest the will. Step-children generally do not inherit from step-parents. In order to have standing to contest a will, you must show that you will take under the previous will or under the laws in intestacy.

Her children have standing to contest the will.

 

[dbitts]

This is not an attorney referral site. Click on the 'find an attorney' link if that's what you want to do.

Also, I don't think you have standing to contest the will. Step-children generally do not inherit from step-parents. In order to have standing to contest a will, you must show that you will take under the previous will or under the laws in intestacy.

Her children have standing to contest the will.

Thanks, and yes, I am helping them to find someone. There is property there that belonged to my Father that pre-dates his marriage to her some 28 years ago, so, yes, I have a stake in this.

 

[tranquility]

I'm pretty sure a step child has standing to challenge. I don't think wanting to be buried with your pets would be more than a little odd and not evidence of a lack of capacity.

 

[curb1]

Will you be able to document that step-mother was "NOT of sound mind and body? It must be more than just your opinion.

 

[Ohiogal]

Thanks, and yes, I am helping them to find someone. There is property there that belonged to my Father that pre-dates his marriage to her some 28 years ago, so, yes, I have a stake in this.

And if your father died and left it to your stepmother it is HER property to dispose of as she sees fit. It was no longer your father's property.

 

[latigo]

I'm pretty sure a step child (sic) has standing to challenge. I don't think wanting to be buried with your pets would be more than a little odd and not evidence of a lack of capacity.

How do you see a stepchild – whom if the will is invalidated would not benefit through intestate succession - as being entitled to court recognition as an “interested person” in order to challenge the validity of the decedent’s will when an “interested person” is defined as “ one who is an heir, devisee, spouse, child, creditor, or anyone having a property right in or claim against the estate:?

And each Section 10 of the Texas Probate Code and Section 256.204 of the Texas Estate Code exclude all but “interested persons” from challenging the validity of a will or contesting any probate proceedings?

 

[tranquility]

Fair enough. Except:

disinherited her two natural children as well as me and my Sisters

If they were "disinherited" because of a will change rather than just the OP's dreams of what she thought she would have gotten by intestate succession, would that change things? I guess the difference would be that I was thinking the will was changed and not that it was just newly created.

(Ignoring other possible facts to give standing.)

 

[nextwife]

Her final wishes included having her two dogs euthanized, mixing her ashes with theirs and dumping them out in her back yard (if that gives you an idea of her state of mind

I pray that no licensed Vet would agree to euphanize two dogs just so they can be buried with someone. That is archaic and barbaric.

I would also report any veteraniarian who would do such a thing to any licensing board.

 

[ecmst12]

Pets are euthanized because there is no one to take care of them all the time. Every day, in fact.