Probate Law Dispute Resolution

Summary

Handwritten wills, or holographic wills, are valid in Texas if entirely written and signed by the testator with testamentary capacity. If contested, a probate court will review the case. Free or low-cost legal aid is available through organizations like Texas Legal Services Center or Lone Star Legal Aid. Stephen F. Austin State University in Nacogdoches offers a legal clinic. Gather all relevant documentation before reaching out. The statute of limitations for harassment in Texas is typically two years. Indirect harassment is possible if it causes distress. Your case involves probate law and potentially harassment law. Contact legal aid organizations directly to inquire about probate law assistance.

Full Conversation

I have an issue with some real estate property (land) and would like to know what my options are.
Hello ****, to provide more specific guidance, could you please elaborate on what the issue with the real estate property is? Are you facing a dispute, trying to sell the property, or dealing with other matters?
I am facing a dispute.
Hello ****, I'm sorry to hear about your dispute. Could you please provide more details about the dispute? Is it related to property boundaries, easements, or perhaps a breach of contract? Your response will help me provide you with more accurate information.
The deceased is my husband's grandmother. She left the property to us in a handwritten Will. His aunt and Uncles are trying to dispute. We are currently living on said property and they want us to leave.
In Texas, handwritten wills, also known as "holographic wills," are legally valid if:
- Entirely written in the testator's handwriting
- Signed by the testator
- The testator had testamentary capacity at the time
If these conditions are met, and you can prove it, you might have a strong case. It's advisable to seek a lawyer's help.
Our biggest worry is that the aunt has money to hire a lawyer to fight the Will and our current ownership. We do not have funds for a lawyer as we are a single income household.
I understand your concern, ****. In Texas, you might qualify for free or low-cost legal aid. Organizations like Texas Legal Services Center or Lone Star Legal Aid could help. Also, some law schools offer legal clinics that handle such cases for free.
What law schools in Texas local to me have legal clinics for free services?
To provide you with the most accurate information, could you please tell me which city or region in Texas you are located in?
Garrison, Texas
Hello ****,
For free legal services in Garrison, Texas, consider reaching out to the Stephen F. Austin State University in Nacogdoches. They may have a legal clinic that could assist you. Here are the contact details:

Stephen F. Austin State University


Phone: (*) *-*
Address: * North St, Nacogdoches, TX *
Website: www.sfasu.edu
What other resources might I be able to take advantage of in this situation? I am trying to avoid contact with her (the aunt) because she is known to harass, she has done so to us in the past.
****, I understand your concerns. Other resources you might consider include:
- Texas Law Help: Offers free online legal resources.
- Domestic Violence Hotline (*-*-*-*): If harassment is severe.
- Legal Hotline for Texans (*-*-*-*): Provides legal information to low-income Texans.

Also, consider filing a police report if harassment continues.
Any other advice before reaching out to one of these agencies?
Before reaching out, gather all relevant documentation regarding the will and any instances of harassment. This could include the original will, any related emails, text messages, or voicemails. Having this information handy will help the agencies better understand your situation.
How long is the statute of limitations for harassment?
In Texas, the statute of limitations for harassment is typically two years from the date of the offense. However, it can vary depending on the specifics of the case. Always consult with a legal professional for advice tailored to your situation.
Could my mother in law sue for harassment if her sister has been texting her nasty or mean messages>
In Texas, if the messages involve threats of violence, are obscene, or are repeated to the point of harassment, your mother-in-law might be able to sue for harassment. However, it's advisable to consult with a legal professional to understand the specifics.
What does someone gain when sueing for harassment?
If successful in a harassment lawsuit in Texas, the victim may gain:
- Cease and desist orders against the harasser
- Monetary damages for emotional distress
- Potential reimbursement for legal fees
- In serious cases, the court may even order punitive damages.
Can someone harass, indirectly? My husband's aunt contacts his mother threatening to have us all kicked off of the property.
Yes, indirect harassment is possible. In Texas, if the aunt's actions cause distress and her threats are persistent, it might constitute harassment. However, each situation is unique. Consult with a legal professional to understand your specific circumstances better.
What area would my case fall under in the law. I don't see probate listed on the legal aid website
Your case seems to involve probate law and potentially harassment law. Probate law handles matters of estates, including disputes over wills. Harassment law deals with unwanted, disturbing, or threatening behavior. It's advisable to consult with a legal professional for a precise classification.
I would like to focus on the property at this time.
Understood, ****. Let's focus on probate law then. In Texas, if the will is considered valid, the property should pass to the designated individuals. If the aunt contests the will, a probate court will review the case. It's crucial to have a legal professional guide you in this process.
Elder Law, Retirement Plans, Estate Planning, or Long-term Care....could this fall under estate planning possibly?
Yes, your case could potentially fall under Estate Planning as it involves the distribution of assets (the property) as per a will. However, since it involves a dispute, it is more directly related to Probate Law. It's recommended to consult with a legal professional for the most accurate classification.
I don't see probate law listed on legal aid site
I understand your concern, ****. Not all legal aid organizations list every area of law they cover. It's advisable to contact them directly and inquire about your case. Remember, the specifics of your case involve probate law, so make sure to mention that when you reach out.