I need help quick, Does anyone know if a new girlfriend can be willed an estate that was willed to my father ?

Question

My mother died in 03 and my father got a new girlfriend who btw is a golddigger....He has a will with my attorney but when he died he left a paper that was handwritten and most of it is illegible but he left everything to her that being said He inherited everything from my mother and we want our mothers things. So in Texas is there a law that says she cant inherit something thats inherited?

My mother and father entered into a living trust agreement and he was supposed to leave everthing to my borther and I both wills say the same thing(mothers and fathers will) That when they both are gone my brother and I get everthing
The handwritten will can be valid because he willed me english.
aat the bottom of the colum for me he put english and If the judge says thats a valdi will then everybody has to start paying me to use english. Im going to get the lawyer to email me a copy of the handwritten will because its sounds crazy but My dad wasnt well when he wrote this paper

And my dad died March 18,2007 3 years and 11 months to the day of my mom

Answer 1

There is no such law. He can leave his entire estate to anyone he wishes. Once it is inherited, it ceases belonging to your mother and now belongs to him.

However, the validity of the holographic will can and should be challenged. In Texas, In order for a handwritten Will to be valid, it must be written completely in the handwriting of the Testator (the person whose Will it is). If any part of the document is not in the Testator’s handwriting, then the handwritten Will is not going to be valid. In addition to the handwriting requirement, the Will must be signed by the Testator, and it must be dated. On the date the Will is signed, the Testator must have had the competence to create a Will. He must have intended for the document to be a Will, and he can never later revoke the Will for it to be valid.

As a side note, a handwritten Will that is not completely in the Testator’s handwriting can be valid, but it must be signed in the presence of two witnesses, and those witnesses must sign the Will in the presence of the Testator and in the presence of each other. It is important that any time a Will is witnessed, the witnesses must actually see the Testator sign the Will, and the witnesses must sign the Will in the presence of the Testator and each other. The Will cannot be signed outside the presence of the witnesses, and the witnesses cannot sign the Will outside the presence of each other.

ADDED DUE TO EXTRA INFO:

Regardless of the answer you receive from the poster who can't read, your father, unless this was an irrevocable trust, can still do with the property as he wishes.

You need to attack the new will as invalid and that will not be cheap. Just make sure it is signed by your father in the presence of two witnesses AND that his attending physician can validate that he was of sound mind and not dibilitated at the time of making the will.

if only one of these conditions did not exist, then the will can be invalidated but it will take a lawsuit or, if probate has been opened, a contest to the validity of the submitted will.

Also, if you contest in probate, make sure you have an original copy of the previous will to submit.

Answer 2

You definitely need a lawyer as soon as possible. I think you do not understand the complete nature of the affairs. It sounds as if you are saying things were put in trust before your mother's death. If so, those items would not pass with your father's estate as he no longer held title to them. Get competent legal advice after presenting all the information to a lawyer in your jurisdiction.

Best of luck to you.

Answer 3

He can give her anything he wants in his will, regardless of how he got it. The exception would be if there was something in your mother's will that said you should get it after he died.

I would challenge the validity of the will. In Texas, a will has to be notarized and witnessed (I think by at least 2 parties).