Will Texas Recognize Tortious Interference with Inheritance Rights?

Piranha Frenzy 

On February 16, 2017, the Texas Supreme Court will hear the Kinsel case regarding whether Texas recognizes the legal cause of action for tortious interference with inheritance rights. See Longview News-Journal. the https://www.news-journal.com/news/2017/feb/15/texas-supreme-court-to-hear-weighty-issues-thursda/.  This is a big case tomorrow for Texas probate law.  A majority of jurisdictions recognize this cause of action.  Lower courts in Texas are divided.

The following is for informational purposes only, shall not constitute legal advice and does not constitute the establishment of an attorney-client relationship.  More importantly, the following information is not a substitute for a Board Certified Texas Estate Planning & Probate Attorney. You should always consult with a qualified attorney.

Find more at www.wrightprobate.com. A website of the Wright Firm, LLP network www.thewrightlawyers.com.

 

Why Use A Texas Board Certified Estate Planning & Probate Attorney?

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I have to admit up front that I’m a Texas Board Certified Estate Planning & Probate Attorney. I’m also a CPA. Like the CPA exam – only the strong survive the Board Certification process. Yes, it is hard to quality and even after you have the professional relationships and experience, the exam is really hard. I believe that Board Certified Attorneys are like the Jedi Knights of the legal profession. In an age of DIY and form services we select few are dedicated to the “craft” of law.

The Answer – why would you not want to Use a Texas Board Certified Estate Planning and Probate Attorney.

Consider the following facts from the Texas Board of Legal Specialization:

• There are more than 100,000 attorneys licensed to practice in Texas. Only 7,450 are Board Certified.
• Only Board Certified lawyers earn the right to publicly represent themselves as a specialist in a select area of the law. In fact, they are the only attorneys allowed by the State Bar of Texas to do so. This designation sets them apart as being an attorney with the highest, public commitment to excellence in their area of law.
• The process is voluntary and can only take place after an attorney has been in practice for five years, with a minimum of three years experience in the specialty area.
• Board Certification is not a one-time event. It requires an ongoing involvement in the specialty area which is periodically substantiated with references from peers in that field. It also requires annual professional refreshment through Texas Board of Legal Specialization approved, continuing legal education course work to stay abreast of current trends in law.

See http://www.tbls.org/. Also, see this site to find a Texas Board Certified Attorney.

The following is for informational purposes only, shall not constitute legal advice and does not constitute the establishment of an attorney-client relationship. More importantly, the following information is not a substitute for a Board Certified Texas Estate Planning & Probate Attorney. You should always consult with a qualified attorney.
Find more at http://www.wrightprobate.com. A website of the Wright Firm, LLP network http://www.thewrightlawyers.com.

Who Can Execute A Texas Will

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As a Texas Board-Certified Estate Planning and Probate Attorney, one thing that has always confounded me is why someone would not have a Last Will and Testament.  Frequently, I’ve heard the following excuses:

  • I’m too young
  • I don’t have any money
  • I’m too busy

Despite the excuses, the requirements of who can execute a Last Will and Testament in Texas are fairly minimal.  In fact, Texas Estates Code Section 251.001 defines who may execute a will.

Sec. 251.001.  WHO MAY EXECUTE WILL. Under the rules and limitations prescribed by law, a person of sound mind has the right and power to make a last will and testament if, at the time the will is made, the person:

(1)  is 18 years of age or older;

(2)  is or has been married; or

(3)  is a member of the armed forces of the United States, an auxiliary of the armed forces of the United States, or the United States Maritime Service.

Anyone who meets the statutory requirements should have a will. The costs and time for opening an Heirship Proceeding and an Administration far outweigh the cost of getting a will.  The short of it is – Get a Will!

The following is for informational purposes only, shall not constitute legal advice and does not constitute the establishment of an attorney-client relationship.  More importantly, the following information is not a substitute for a Board Certified Texas Estate Planning & Probate Attorney. You should always consult with a qualified attorney.

Find more at www.wrightprobate.com. A website of the Wright Firm, LLP network www.thewrightlawyers.com.