In re O’Quinn, 355 S.W.3d 857 (Tex. App.—Houston [1st Dist.] 2011, orig. proceeding [mand. denied]).

 

Estate Administration

Standing

 

Alleged common law wife claimed that the sole beneficiary of the decedent’s will lacked standing to assert claims for declaratory relief which included a request for a finding that no common law marriage existed.  The appellate court disagreed explaining that the beneficiary had a justiciable interest.  If the alleged common law wife was successful in proving a marriage, then the size of the estate passing to the beneficiary would be reduced.  In addition, Civil Practice & Remedies Code § 37.005(3) gives the court the ability to determine any question arising in the administration of an estate.

 

Moral:  A beneficiary has standing to intervene in an action if the petitioner’s action would result in a lessening of the beneficiary’s share of the estate.



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