The Texas Probate Courts are not known for being forgiving when litigants do not properly handle everything. In El Paso, the Will contest in the estate of actor Sherman Hemsley illustrates the unforgiving nature of Texas Probate Courts.
Hemsley passed away with a Will that he had written approximately a month earlier. The Will designated that his entire estate should go to his “beloved partner.” A Philadelphia man stepped forward to claim that he was Hemsley’s long lost half-brother. He also sought to contest the Will. The man had no proof of his claim to be related to Hemsley until recent DNA results proved his claim. However, he did not submit the DNA test results to the Court by the appropriate deadline. Thus, the Court will not consider the DNA evidence when it makes its ruling and it looks like the man will lose his case.
In Texas, you cannot afford to miss deadlines in Probate Court. Make sure that you have an experienced Texas Probate attorney working with you when you want to contest a Will.
Stephen A. Mendel, Estate Planning Attorney
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