If disputes arise, will should go to probate
Q: If a will contains detailed instructions on how the household assets of a decedent are to be distributed, and if those assets don’t have any legal ownership documents, should the executor still wait for the will to be probated before proceeding with the distributions?
A: Household goods and personal effects can be distributed right away, as long as the family members get along. But if there is any hint of a disagreement, it probably would be best to be sure the will is valid and admitted to probate before making the distributions.
Q: When almost all of a decedent’s accounts have beneficiary designations, can anybody left out of the designations still challenge those designations and delay the distribution process? Would probating the will (though not otherwise needed) lessen the possibility of litigation? A: A disgruntled heir still can sue. But if the will of the decedent transfers no assets, the suit will not involve the estate, at least initially.
The suit would need to claim that the designations were invalid for some reason. For instance, the person who was the named beneficiary might have fraudulently completed the beneficiary forms and forged the decedent’s signature.
If the accounts ultimately pass as part of the decedent’s estate, the will would transfer
property. Probate would be needed, and there might be a challenge to the will at that point.
Q: My will states: “I am not now married. I was previously married to (my ex-wife’s name). It is my intention that my former wife take nothing under
this will.” My will identifies my children as my beneficiaries. About five years ago, I remarried, and we have a prenuptial agreement. Must the sentences quoted above be removed, or is it OK to leave it as is?
A: You do not need to change the sentences.
However, the next time you change or rewrite your will, you should update the sentences at that time.
Q: My paternal grandfather was placed in the Texas State Hospital in Austin between 1918 and 1920. He died there in 1962. I would like to see the records of his stay there and a diagnosis of his mental condition. I would like to have this information for family medical and genealogical purposes.
The hospital refuses to give me anything. Is there a legal way to get these records?
A: It is unclear whether you will be successful, but you should try submitting a request for information to Texas Health and Human Services under its open records procedure.
You can find out how to do this at hhs.texas.gov. Search “open records policy and procedures” once there.
The information in this column is intended to provide a general understanding of the law, not legal advice. Readers with legal problems, including those whose questions are addressed here, should consult attorneys for advice on their particular circumstances. Ronald Lipman of the Houston law firm Lipman & Associates is board-certified in estate planning and probate law by the Texas Board of Legal Specialization. Email questions to stateyourcase@ lipmanpc.com.