WILL CONTESTANT HAS BURDEN OF PERSUASION
Testamentary capacity, or the ability to make a will, exists when a person has, in a general way, the faculty
Tag: Probate
HOMESTEAD RIGHT OF SURVIVING SPOUSE TO POSSESS AND OCCUPY RESIDENCE
A surviving spouse has the absolute right to claim a homestead right to occupy and live rent free in the
TRUST AND WILL NO CONTEST CLAUSES
The Oklahoma Court of Civil Appeals further defined what legal actions violate a forfeiture clause in a Trust. In Calhoon
PROBATE CONTESTS: ADMISSION OF THE WILL
The reasons why someone can object to a will being admitted into probate are: 1. Testator’s lack of competency to
LEGAL CAPACITY TO MAKE A WILL: TESTAMENTARY CAPACITY
THE ABILITY TO TRANSACT BUSINESS IS NOT THE SAME AS THE LEGAL CAPACITY TO MAKE A WILL. THE LEGAL CAPACITY
PROBATE CLAIMS
Nothing is so important as how probate claims are handled in a probate when the claims threaten to consume the
FACTORS AFFECTING COMPETENCY WILL TRUST
Although every person is presumed to be competent to make a will or trust, these factors may affect will trust
ELEMENTS of FACTUM of the WILL
When a will is filed with the Court for probate, the petitioner seeking to admit the will must prove the
Revocable Trust Advantages
Joint Ownership only works if there is a survivor. A Revocable Trust always works. Most people believe that joint ownership
PROBATE HISTORY
We need to look to England for the historical beginning of probate. Always from the beginning of English jurisprudence the