Wills, Appeals, Spouses

When a Prenuptial Agreement Says “Waiving All Rights”, It Really Does Mean Waiving All Rights

Fox Rothschild LLP on 7/2/2025

Too often, litigants (and sometimes attorneys) treat prenuptial agreements as documents that either don’t have to be followed and/or should be attacked as a matter of course to try to get the party who entitlements are...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 Applies Harmless Error Rule to Validate Will Benefiting Ex-Fiancé

Downey Brand LLP on 6/27/2023

Typewritten wills in California generally require the signatures of two witnesses to be found valid, but the harmless error rule can save the day. Probate Code section 6110(c)(2), as recently discussed, provides that a will...more

Court Affirmed The Probate Of A Will Where The Testator, A Quadriplegic, Blinked His Desires To Draft And Execute The Will

Winstead PC on 11/26/2018

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....more

Appellate Court Notes

Pullman & Comley, LLC on 10/20/2016

Supreme Court Advance Release Opinions: SC19516 - Doe v. Boy Scouts of America Corp. SC19516 Concurrence - Doe v. Boy Scouts of America Corp. SC19516 Concurrence - Doe v. Boy Scouts of America Corp. ...more

Wills › Appeals › Spouses

When a Prenuptial Agreement Says “Waiving All Rights”, It Really Does Mean Waiving All Rights

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

Court Applies Harmless Error Rule to Validate Will Benefiting Ex-Fiancé

Court Affirmed The Probate Of A Will Where The Testator, A Quadriplegic, Blinked His Desires To Draft And Execute The Will

Appellate Court Notes

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