Can you be arrested for filing a will? That is what happened in a recent case out of the Dallas Court of Appeals in Texas. The Court held that it was not improper to criminalize the acts of the Defendant here. Is someone contesting your parents will just to steal the estate? This may be a case where that contestant could go to jail!
When is a Will Contest Criminal?
- If you have a good faith belief that the will contest is legitimate I would not worry about the State Attorney knocking down your door to arrest you.
- That being said you may consider contacting the authorities if you are worried someone is trying to steal your inheritance.
- Talk to an experienced Palm Beach probate attorney to learn what constitutes theft in West Palm Beach.
- Do you think its fair to imprison someone for getting a will executed in their favor?
- Does this belong in the criminal Courts of West Palm Beach or does this belong in the probate court?
- Check out the facts and you decide.
McCay v. State
- This was an appeal from a criminal conviction in Dallas Texas.
- The Defendant was convicted of attempted theft of property worth over $200,000!
- The man had apparently had a will executed in his favor in order to take the estate all for himself!
- The estate at issue was that of an elderly woman who had been a widow for twenty years.
- An antiques dealer got very close her and abused this confidence to get a will executed that disinherited everyone else leaving him the entire estate!
- The appellant used his own attorney (a friend) to get the will he needed, along with several powers of attorney in his favor.
- In the end not only did the man not get the will executed properly he lost the will contests.
- To add insult to injury the State decided to pursue criminal charges.
- Now he is sitting in jail for the next ten years, thinking about what he did.
- Elderly exploitation is a big problem in West Palm Beach and probate attorneys take this seriously.
- If you are concerned about elder abuse talk to an experienced Palm Beach probate attorney today to make sure that everyone’s rights are protected.
Want to learn more about potential criminal charges resulting from a Texas Will Contest?
Check out the entire case by clicking here.