In Mittelsted v. Meriwether, the decedent changed his will and beneficiary designations on bank accounts to leave everything to his half-brother. No. 14-21-00755-CV, 2023 Tex. App. LEXIS 1020 (Tex. App.—Houston February 16, 2023, no pet. history). The decedent’s sisters challenged these transactions for mental incompetence, and the jury found
mental capacity
Court Affirms Order Holding That Party Had Mental Capacity To Execute Contracts Regarding The Sale Of Real Property
By David Fowler Johnson on
Posted in Cases Decided, Texas Court of Appeals
In In re Estate of Montemayor, a buyer sued a seller regarding five real estate contracts. No. 09-21-00054-CV, 2023 Tex. App. LEXIS 1174 (Tex. App.—Beaumont May 13, 2022, no pet. history). The seller’s executor alleged that the contracts were not enforceable because the seller did not have mental capacity…
Court Reverses Summary Judgment On The Issue Of Whether A Testatrix Had The Mental Capacity To Execute A New Wil
By David Fowler Johnson on
Posted in Cases Decided, Texas Court of Appeals
In In the Estate of Mahaffey, a testatrix executed a new will nine days before she died of cancer. No. 04-19-00122-CV, 2019 Tex. App. LEXIS 11171 (Tex. App.—San Antonio December 27, 2019, no pet. history). A niece offered the new will for probate. The new will cut out one…
Court Affirms Finding Of Undue Influence Regarding Execution Of Will
By David Fowler Johnson on
Posted in Cases Decided, Texas Court of Appeals
In In re Estate of Russey, the decedent was going through a divorce and signed a will. No. 12-18-00079-CV, 2019 Tex. App. LEXIS 1536 (Tex. App.—Tyler February 28, 2019, no pet. history). She died before the divorce was finalized. Her children took their father’s side on some issues. During…
Court Affirmed The Probate Of A Will Where The Testator, A Quadriplegic, Blinked His Desires To Draft And Execute The Will
By David Fowler Johnson on
Posted in Cases Decided, Texas Court of Appeals
In Estate of Luce, the court of appeals affirmed a trial court’s admitting a will to probate where the decedent did not personally sign it and only communicating his desires by blinking. No. 02-17-00097-CV, 2018 Tex. App. LEXIS 9341 (Tex. App.—Fort Worth November 15, 2018, no pet. history). The…
Please Release Me, Let Me Go: Court Affirms The Appointment Of A Receiver Over Ray Price’s Assets Pending A Contest
By David Fowler Johnson on
Posted in Cases Decided, Texas Court of Appeals
In In re Estate of Price, Ray Price, a renowned country music singer and songwriter, died in 2013 and was survived by his wife and his biological son. No. 06-16-00062-CV, 2017 Tex. App. LEXIS 1265 (Tex. App.—Texarkana February 15, 2017, no pet. history).
Crazy Arms [And Maybe Mind?].
Court Affirms Denial Of Statutory Bill Of Review From A Trust Contest
By David Fowler Johnson on
Posted in Cases Decided, Texas Court of Appeals
In In re Estate of Kam, Kam sought to set aside an order probating her brother’s will via a statutory bill of review because he purportedly lacked the requisite testamentary capacity to execute the will or the will was the result of undue influence. No. 05-16-00126-CV, 2016 Tex. App.
Court Refuses To Enforce Arbitration Clause Due To Lack Of Mental Capacity
By David Fowler Johnson on
Posted in Cases Decided, Texas Court of Appeals
In Oak Crest Manor Nursing Home, LLC v. Barba, a plaintiff sued a nursing home for negligently allowing a patient with mental disorders to leave the facility and jump from a bridge in an attempt to commit suicide. No. 03-16-00514-CV, 2016 Tex. App. LEXIS 12710 (Tex. App.—Austin December 1…
When is a Will Not a Will? Court Determines that “Will” Was Not a Valid Will or a Valid Gift Deed and that Decedent Later Lacked Mental Capacity to Deed the Property
By Joseph Regan on
Posted in Cases Decided, Texas Court of Appeals
In Lemus v. Aguilar, relatives fought over ownership of a decedent’s home. No. 04-14-00609-CV, 2016 Tex. App. LEXIS 2685 (Tex. App.—San Antonio Mar. 16, 2016, no pet. h.). Elvira, the deceased, lived in her home for over 20 years with her boyfriend, Garza. Elvira and Garza were named managing…