The validity of a will.....

[Looking4Ward]

If FIL was mentally incapacitated he wasn't capable of making a will and no one could do it for him. I would suppose (I'm not a lawyer) that if he was physically incapacitated and couldn't even mark an X on the will in front of witnesses and acknowledge that it was his will, it wouldn't be valid, either.

Exactly. The mother does have power of attorney, and while the son may have had an attorney help him draw up the will itself, the son may have mistakenly believed that POA would be sufficient to have her sign the fathers name to the will after he read (selected) portions of it to her outside of the fathers presence.

The mother signed the fathers name to a will the father had never seen at the request of the son who composed it. Naw.........

The rest of the siblings are meeting with an estate attorney this week.

 

[Throwdownmyaceinthehole]

Just a note on Texas as we just redid our wills. Texas now has a Transfer Deed on Death for homes. Form is on line and needs to be filed with county clerk. We have spouse as primary and DD as secondary. It passes outside of the 'will'. We also assigned beneficiaries to all retirement accounts and bank accounts, so the only thing that passes thru the 'will' is our vehicles and household goods/jewelry etc. Of course the beneficiaries can all be changed to the blonde bimbo or pool boy as needed.

 

[gauss]

Exactly. The mother does have power of attorney, and while the son may have had an attorney help him draw up the will itself, the son may have mistakenly believed that POA would be sufficient to have her sign the fathers name to the will after he read (selected) portions of it to her outside of the fathers presence.

The mother signed the fathers name to a will the father had never seen at the request of the son who composed it. Naw.........

The rest of the siblings are meeting with an estate attorney this week.

Even if she had a valid POA in effect, wouldn't she need to sign as herself "POA for FIL"?

She just wouldn't sign his name would she? Seems like the role would be required to avoid confusion with fraud/forgery.

 

[Brat]

Exactly. The mother does have power of attorney, and while the son may have had an attorney help him draw up the will itself, the son may have mistakenly believed that POA would be sufficient to have her sign the fathers name to the will after he read (selected) portions of it to her outside of the fathers presence.

The mother signed the fathers name to a will the father had never seen at the request of the son who composed it. Naw.........

The rest of the siblings are meeting with an estate attorney this week.

Frankly I doubt that an attorney drew up this will, or reviewed it as signed.

Before you meet with the estate attorney determine how the deed to the house is registered. Bring that information to the meeting.

 

[Looking4Ward]

Texas now has a Transfer Deed on Death for homes. Form is on line and needs to be filed with county clerk.

That is extremely helpful - thanks!

 

[gauss]

... determine how the deed to the house is registered. Bring that information to the meeting.

You should be able to get the from the recorder of deeds office in the county where the property is located.

 

[Bamaman]

It's time for the mother to go and have a proper will signed, wittnessed and notarized. Hopefully the will has her wishes in it--without input from the youngest son.

If you get down to it, probate is where a judge gives the executor the authority to sign for the estate in the case of transferring and/or liquidating ownership of assets--after taxes and liabilities are paid. Most often, the assets are real estate based as savings accounts and retirement accounts can be excluded from the estate and "beneficiaries" noted on the accounts.

When the first spouse dies, a proper will has a right of survivorship and the real estate is transferred into the surviving spouse's name exclusively. The deed should also have read "with right of survivorship" already.

If someone's very wealthy, the tax man wants to be paid his very large share of the estate within 9 months of the last living person's death--in cash. That's why large farmers and independent business owners need great wills and large life insurance policies.

 

[Looking4Ward]

Before you meet with the estate attorney determine how the deed to the house is registered. Bring that information to the meeting.

Title to the property and county records do list the father and "et ux" the mother.

 

[Looking4Ward]

It's time for the mother to go and have a proper will signed, wittnessed and notarized. Hopefully the will has her wishes in it--without input from the youngest son.

If you get down to it, probate is where a judge gives the executor the authority to sign for the estate in the case of transferring and/or liquidating ownership of assets--after taxes and liabilities are paid. Most often, the assets are real estate based as savings accounts and retirement accounts can be excluded from the estate and "beneficiaries" noted on the accounts.

When the first spouse dies, a proper will has a right of survivorship and the real estate is transferred into the surviving spouse's name exclusively. The deed should also have read "with right of survivorship" already.

If someone's very wealthy, the tax man wants to be paid his very large share of the estate within 9 months of the last living person's death--in cash. That's why large farmers and independent business owners need great wills and large life insurance policies.

It appears that the majority if not all of their estate is comprised of real estate deeded in both the parents names. The current goal is that the father's half of the community property be passed to the mother regardless of what the phony will states.

She will then own 100% of the estate. Taxes should not be a consideration.

I've also suggested the mother compose and file a Transfer Deed on Death for all of that real estate (as a previous poster suggested) reflecting her wishes. This would trump a will and minimize the potential for any future funny business.

 

[Texas Proud]

Title to the property and county records do list the father and "et ux" the mother.

But in Texas that does not mean anything... looking it up ex ux just means 'and wife'...

So your dad can leave his half of the house to anybody, but mom has a legal right to live there as long as she wants...

But, since he did not have a valid will... here is what the web says on who inherits...

a spouse and children who are also the children of your spouse

spouse inherits all of your community property, plus 1/3 of your separate personal property and the right to use your real estate for life children inherit everything else
​

SOOOO, even without a will, your mother would get the house... now that SHE owns it, she can do whatever she wants.... if she wants to leave it to youngest son, she can... so there is no reason to have this fake will.... unless there is separate property involved....



Intestate Succession in Texas | Nolo.com

 

[Texas Proud]

It's time for the mother to go and have a proper will signed, wittnessed and notarized. Hopefully the will has her wishes in it--without input from the youngest son.

If you get down to it, probate is where a judge gives the executor the authority to sign for the estate in the case of transferring and/or liquidating ownership of assets--after taxes and liabilities are paid. Most often, the assets are real estate based as savings accounts and retirement accounts can be excluded from the estate and "beneficiaries" noted on the accounts.

When the first spouse dies, a proper will has a right of survivorship and the real estate is transferred into the surviving spouse's name exclusively. The deed should also have read "with right of survivorship" already.

If someone's very wealthy, the tax man wants to be paid his very large share of the estate within 9 months of the last living person's death--in cash. That's why large farmers and independent business owners need great wills and large life insurance policies.

With right of survivorship is separate than what the OP posted... it is held jointly, but not WROS.... it does not automatically go to spouse... spouse can put in their will anybody they wish to own their property...

 

[Looking4Ward]

But in Texas that does not mean anything... looking it up ex ux just means 'and wife'...

So your dad can leave his half of the house to anybody, but mom has a legal right to live there as long as she wants...

But, since he did not have a valid will... here is what the web says on who inherits...

a spouse and children who are also the children of your spouse

spouse inherits all of your community property, plus 1/3 of your separate personal property and the right to use your real estate for life children inherit everything else
​

SOOOO, even without a will, your mother would get the house... now that SHE owns it, she can do whatever she wants.... if she wants to leave it to youngest son, she can... so there is no reason to have this fake will.... unless there is separate property involved....



Intestate Succession in Texas | Nolo.com

I understand. I was answering someone else's question about how the property was titled.

No doubt in Texas a spouse can will their portion of community property (in this case, exclusively real estate) to anyone they wish but in the absence of a will the surviving spouse would be first in line, followed by children from the marriage, followed by children brought into the marriage.

I'm sure the youngest son saw this as an opportunity to have himself declared the beneficiary of his fathers share. Thus the bogus will.

I really like the idea of a Transfer Deed on Death, makes it as simple (and valid) as declaring beneficiaries for insurance, brokerage and retirement accounts.

 

[Texas Proud]

I understand. I was answering someone else's question about how the property was titled.

No doubt in Texas a spouse can will their portion of community property (in this case, exclusively real estate) to anyone they wish but in the absence of a will the surviving spouse would be first in line, followed by children from the marriage, followed by children brought into the marriage.

I'm sure the youngest son saw this as an opportunity to have himself declared the beneficiary of his fathers share. Thus the bogus will.

I really like the idea of a Transfer Deed on Death, makes it as simple (and valid) as declaring beneficiaries for insurance, brokerage and retirement accounts.

But, if the wording is what you say then he did not do what he needed... IOW, IIRC you said it was willed to wife and upon her death to young son... but, that cannot happen... once it is willed to the wife then she has 100% control over it... which, without a will she has anyway...

Now he will have to convince mom to will it 100% to him or he is out of luck...

 

[Looking4Ward]

But, if the wording is what you say then he did not do what he needed... IOW, IIRC you said it was willed to wife and upon her death to young son... but, that cannot happen... once it is willed to the wife then she has 100% control over it... which, without a will she has anyway...

Now he will have to convince mom to will it 100% to him or he is out of luck...

Oh, got it! Yeah, I think he knew what he wanted to do but he didn't even come close to accomplishing it.

 

[Texas Proud]

Oh, got it! Yeah, I think he knew what he wanted to do but he didn't even come close to accomplishing it.

PLUS, he showed his hand to the rest of the family....

And now action will be taken...


The problem I see is that mom will probably let him stay in the house until she is gone... and she might live another 20 years or more... so in a sense he is going to get what he wanted but piss off the rest of the family doing it this way....

 

[pb4uski]

I guess the remaining question is whether youngest son will pay a price for his duplicity and deceit. Probably not, but one can always fantasize.

 

[Brat]

My sister attempted something similar and paid a price.

 

[pb4uski]

Looking4Ward, any update?