News & Analysis as of August 22, 2025

Wills

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Estate Planning is a process where individuals prepare or plan for the settlement of their personal affairs in the event of incapacitation or death. Estate plans typically include provisions relating to the disposition of assets, guardianship of minor children, and appointment of representatives to make medical and financial decisions. Effective estate planning can decrease tax liability and facilitate the probate process. less -

Hope for the best, but prepare for the worst: Wealth planning for mental incapacity

Walkers on 4/23/2025

It’s always wise to hope for the best but plan for the worst, and, with global rates of dementia on the increase, planning for incapacity should be part of everyone's wealth and succession strategy. Where the assets held...more

Court Reversed Summary Judgment And Held That There Was A Fact Issue On Whether The Testator Had Mental Capacity To Execute A Will

Winstead PC on 10/3/2023

In Castello v. Ex’r of the Est. of Castello, the decedent died leaving a will that left his property to his wife “for life” and then to his three children by a prior marriage. No 03-22-00012-CV 2023 Tex. App. LEXIS 4454 (Tex....more

Court Affirmed Admitting A Codicil To Probate As The Testator Had Mental Capacity And Was Not Unduly Influenced And Discussed...

Winstead PC on 6/14/2022

In Dillon v. King, one sister contested their father’s will and codicil and also asserted other claims against her sister. No. 05-20-00215-CV, 2022 Tex. App. LEXIS 2991 (Tex. App.—Dallas May 4, 2022, no pet. history)....more

Court Affirmed Admission Of Will To Probate Over Challenges To Testimony Based On Lack Of Medical Training By A Non-Medical...

Winstead PC on 4/5/2022

In In re Estate of Aldrete, a decedent’s son from a first marriage had a 1981 will admitted to probate, which left real property to him. No. 04-20-00426-CV, 2022 Tex. App. LEXIS 322 (Tex. App.—San Antonio January 19, 2022, no...more

Are an Estate Planner’s Notes Protected by the Attorney Work Product Doctrine?

Downey Brand LLP on 3/1/2022

California law is surprisingly unclear as to whether the notes of an estate planning attorney are protected from discovery by the attorney work product doctrine. This can become a big issue in a will or trust contest when the...more

Court Affirmed Finding That Testator Had Capacity To Execute A Will, Was Not Unduly Influenced, And That The Appointment of...

Winstead PC on 10/26/2020

In In the Estate of Flarity, a son of the testator challenged the trial court’s probating of a 2004 will and the appointment of two of his siblings, named in that will, as executors. No. 09-19-00089-CV, 2020 Tex. App. LEXIS...more

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