pjc-family-2024-lib

PJC 230.7

W ILL C ONTESTS

all the wife’s property to the husband. Because the husband was in default and the executor “stands in the shoes of the decedent,” the will was denied probate. Ferreira , 575 S.W.3d at 334 (quoting Smith v. O’Donnell , 288 S.W.2d 417, 421 (Tex. 2009)). The husband’s executor was otherwise interested in the husband’s estate, and therefore the court remanded to allow the executor to replead and seek probate of the prede ceased wife’s will in the executor’s individual capacity as a beneficiary of the hus band’s estate. Ferreira , 575 S.W.3d at 334–36. Even though one beneficiary under a will may be barred from probating the will because he is in default, another beneficiary who is not in default may successfully submit it for probate. In re Estate of McGrew , 906 S.W.2d 53, 56 (Tex. App.—Tyler 1995, writ denied) (citing Fortinberry v. Fortinberry , 326 S.W.2d 717, 719–20 (Tex. App.—Waco 1959, writ ref’d n.r.e.)). Identifying document. Any appropriate wording to identify the document may be used in place of the document dated DATE in the question. For example, the docu ment might be identified by its exhibit number.

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