If you are in the mess of a will contest or if your family accepts that the distribution of your loved one`s estate is different, now that he or she is finished, call our company and see if a family contract is something you may need! Section 154.002 of the Texas Civil Practice and Remedies Code defines Texas public policies regarding family comparison agreements: according to this doctrine, beneficiaries may, as part of a will, enter into an agreement, not commit a will, and share the estate`s wealth in an alternative way to that provided by the will. A family comparison contract generally requires that all beneficiaries of a will be included in the agreement. The Texas Court of Appeals found that Anthony and Nicolas did not violate the Rule 11 Family Comparison Agreement by refusing to execute settlement documents containing relief beyond that originally agreed to by the parties. In other words, the parties cannot violate a family comparison contract by refusing to do something they have not at all accepted. Therefore, a family comparison contract must be signed in writing, signed and filed in court. Texan family agreements are sometimes referred to as “Rule 11 agreements.” Each part of the distribution of Decedent`s estate must adhere to the agreement, in order to fully facilitate the task. This may mean the whole family and perhaps an agent, but not necessarily the executor or creditor. If a charity is involved, the Attorney General of Texas must receive a notification. For minor beneficiaries, judicial authorization is generally required, although virtual representation by a parent is permitted for certain confidence notes.
Anyone who is named in the family contract can try to enforce it. As noted above, the agreement is bound by Texas contract law, so that if the “contract” is in violation, anyone who accepts the contract can sue for breach. The reasons may, but are not limited, that the agreement was made as a mutual error of facts, the conditions were rendered by the fraud, or if the lawyer who had made the agreement did not have the authority to do so. Often, an FSA is used to overcome the effects of a poorly written will. In other cases, it`s a bit like a magic wand to resolve estate disputes. There are few ailments that a properly developed FSA cannot cure. Challenging a will and a subsequent transaction agreement between family members and potential beneficiaries could be complicated. An experienced estate lawyer will check the last will and will, the estate of the crook, all the challenges for the estate and the parties involved. The lawyer also interacts with other lawyers and will develop a transaction contract that will ultimately have the estate.