Omohundro v. Ramirez-Justus, 392 S.W.3d 218 (Tex. App.—El Paso 2012, pet. denied).

Wills

Will Contest

 

The appellate court affirmed a summary judgment because the suit was time-barred under Probate Code § 93 (two years from date of probate to contest a will subject to limited exceptions not applicable to this case).  Accordingly, the court did not address any of the appellant’s substantives issues.

 

Moral:  A person who believes a will is invalid must contest that will on a timely basis.  Otherwise, even meritorious claims will be lost.

 


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