McCay v. State, 476 S.W.3d 640 (Tex. App.—Dallas 2015, pet. ref'd.).


Criminal Law Interface


The appellate court held that a person commits the criminal offence of theft if the person with intent to steal causes a will to be executed in his or her favor and then files that will for probate.


Moral:  A person who exercises undue influence, duress, or fraud over a testator to execute a will and then files that will for probate, may be prosecuted for the criminal offense of theft.