So Lisa, why did you close your thread?

[BelizeBreeze]

What is the name of your state? utter dismay

Here is the complete post.

#7 Today, 08:43 AM
LisaTexas
Junior Member Join Date: Apr 2005
Posts: 4

Decedants Interest

--------------------------------------------------------------------------------

I am aware of the Texas Code. You do not know all the details, but thank you for your opinion.

I posted this site looking for a lawyers advice.

LisaTexas
View Public Profile
Find all posts by LisaTexas
Add LisaTexas to Your Buddy List
Post Your Case To An Attorney

#6 Today, 08:07 AM
BelizeBreeze
Senior Member Join Date: Jun 2004
Location: NunYa
Posts: 8,781

Under the Texas Probate Code, a valid handwritten will must be wholly in the handwriting of the testator and signed by him or her. It does not need to be witnessed and can be written on anything, including stationery. Typewritten words may not be incorporated into the will. The wording must reflect a present intent to dispose of property at death. The words, "This is my last will and testament," generally are sufficient to show testamentary intent.
__________________
I don't do handouts...but here's a finger.

BelizeBreeze
View Public Profile
Find all posts by BelizeBreeze
Add BelizeBreeze to Your Buddy List
Post Your Case To An Attorney

#5 Today, 07:17 AM
LisaTexas
Junior Member Join Date: Apr 2005
Posts: 4

Decedant Interests

--------------------------------------------------------------------------------

In this case you are wrong. Because personal items were removed from the home, the handwritten documents becomes legal.

LisaTexas
View Public Profile
Find all posts by LisaTexas
Add LisaTexas to Your Buddy List
Post Your Case To An Attorney

#4 Today, 07:10 AM
BelizeBreeze
Senior Member Join Date: Jun 2004
Location: NunYa
Posts: 8,781

Quote:
Originally Posted by LisaTexas
you're not a lawyer...no one is seeking your advice

The 'current spouse' doesn't legally have to give you anything since the 'handwritten will' is worthless. So, I suggest the decedents be grateful for whatever the current spouse decides to give them.
__________________
I don't do handouts...but here's a finger.

BelizeBreeze
View Public Profile
Find all posts by BelizeBreeze
Add BelizeBreeze to Your Buddy List
Post Your Case To An Attorney

#3 Today, 07:07 AM
LisaTexas
Junior Member Join Date: Apr 2005
Posts: 4

Decedants Interests

--------------------------------------------------------------------------------

you're not a lawyer...no one is seeking your advice

LisaTexas
View Public Profile
Find all posts by LisaTexas
Add LisaTexas to Your Buddy List
Post Your Case To An Attorney

#2 Yesterday, 02:15 PM
BelizeBreeze
Senior Member Join Date: Jun 2004
Location: NunYa
Posts: 8,781

Quote:
Originally Posted by LisaTexas
What is the name of your state? Texas

Have issue of a house. How is the decedants interest in the house divided?

I am not a child of the current spouse. There is a Will, that left everything to the current spouse.
But! a handwritten Will was found, but not signed. Now, the items on that handwritten Will were dispersed before the spouse went to probate the Will...which according to the Spouse, has "legalized" that Will.

Is the financial interest of the house, the time of the decdants death? or when the house is sold in the future??

The current spouse is willing to give us our fair share, but we are having trouble finding what the "fair share" is.

The 'current spouse' doesn't legally have to give you anything since the 'handwritten will' is worthless. So, I suggest the decedents be grateful for whatever the current spouse decides to give them.
__________________
I don't do handouts...but here's a finger.

BelizeBreeze
View Public Profile
Find all posts by BelizeBreeze
Add BelizeBreeze to Your Buddy List
Post Your Case To An Attorney

#1 Yesterday, 02:06 PM
LisaTexas
Junior Member Join Date: Apr 2005
Posts: 4

Decedant interests

--------------------------------------------------------------------------------

What is the name of your state? Texas

Have issue of a house. How is the decedants interest in the house divided?

I am not a child of the current spouse. There is a Will, that left everything to the current spouse.
But! a handwritten Will was found, but not signed. Now, the items on that handwritten Will were dispersed before the spouse went to probate the Will...which according to the Spouse, has "legalized" that Will.

Is the financial interest of the house, the time of the decdants death? or when the house is sold in the future??

The current spouse is willing to give us our fair share, but we are having trouble finding what the "fair share" is.

 

[BelizeBreeze]

Now, let's look at the "PROBLEMS".

I am not a child of the current spouse.

You have no legal standing so why should anyone waste time trying to pound the legal options into your head?

There is a Will, that left everything to the current spouse.

O.K. That's simple.

But! a handwritten Will was found, but not signed.

And, as you were told, under Texas probate code, that will is invalid.

Now, the items on that handwritten Will were dispersed before the spouse went to probate the Will...which according to the Spouse, has "legalized" that Will.

And I assume that this 'spouse' is a probate attorney who is qualified to give legal advice? NOTHING but a court and/or jury can 'validate' a holographic will and, since the will was not signed, it is invalid on it's face.

The current spouse is willing to give us our fair share, but we are having trouble finding what the "fair share" is.

As you were told, your 'legal' share is nothing, nada, zilch.

Your 'FAIR' share is whatever the 'current spouse' decides to give you.

Now, let's wait and see if a 'real' attorney gives you any further help.

 

[divgradcurl]

you're not a lawyer...no one is seeking your advice










Sorry, couldn't resist...

 

[BelizeBreeze]

you're not a lawyer...no one is seeking your advice










Sorry, couldn't resist...

Yes you could....
DIVA!!!

 

[Dandy Don]

Please take a copy of the newer will (that is being probated) to a probate attorney to have it evaluated to see whether you would have legal grounds for contesting it (does it have the correct number of witnesses: 2, does the signature look genuine or forged, etc.).

Children are supposed to be mentioned in the will and you also need to get your attorney's opinion about what Texas law says about this aspect.

Were the children specifically disinherited in this will, either by mentioning their exact names or in general terms?

The older unsigned will could have been an indication of his previous intention, but the bottom line is that he may have been concerned about wanting to provide for his wife and thus that is why he left everything to her, although I do understand your hurt feelings at being left out. Could he have been taking medication at the time he signed the will that would have affected his judgment? Do you suspect undue influence by the wife?

DANDY DON IN OKLAHOMA ([email protected])

 

[BelizeBreeze]

Please take a copy of the newer will (that is being probated) to a probate attorney to have it evaluated to see whether you would have legal grounds for contesting it (does it have the correct number of witnesses: 2, does the signature look genuine or forged, etc.).

Children are supposed to be mentioned in the will and you also need to get your attorney's opinion about what Texas law says about this aspect.

Were the children specifically disinherited in this will, either by mentioning their exact names or in general terms?

The older unsigned will could have been an indication of his previous intention, but the bottom line is that he may have been concerned about wanting to provide for his wife and thus that is why he left everything to her, although I do understand your hurt feelings at being left out. Could he have been taking medication at the time he signed the will that would have affected his judgment? Do you suspect undue influence by the wife?

DANDY DON IN OKLAHOMA ([email protected])

DO you not know how to read? The supposed handwritten will WAS NOT SIGNED.

In Texas, for a holographic will to be valid IT MUST BE SIGNED.

JESUS H. CHRIST!!!!!!!!!!!!!!!!!

 

[Dandy Don]

Do YOU know how to read what I posted? I only mentioned the handwritten will as an aspect of the situation--I never said it was a valid will and I applaud you for pointing that out to the poster.