Full question:
Please find a legal case in Texas that was over thrown where the spouse was not an interested party to the husbands Will. The husband did not name the spouse as executor or alternate executor of his estate. Husband is deceased. This situation involves a lawsuit where the women has entered the lawsuit using the deceased man's last name. She has no legal documentation with his last name.Again, really in desperate need of a Texas case (several would be better) where the spouse has no interest in the husbands Will.The husband left a family member as executor of his Will.
- Category: Wills and Estates
- Subcategory: Probate
- Date:
- State: District of Columbia
Answer:
In the case of Aguirre v. Bosquez, 4-06-00068-CV (Tex.App. [4th Dist.] 10-11-2006), the court addressed the issue of standing for interested parties in probate matters. Ignacio L. Aguirre died leaving a will that did not include his surviving spouse, Minnie Bosquez Aguirre. Instead, he appointed Martha Lowrie Bosquez as the Independent Executrix of his estate. After Ignacio's death, Minnie filed for an accounting and distribution of the estate.
The trial court granted a plea in abatement, ruling that Minnie lacked standing because she was disinherited in the will. However, the appellate court found that Minnie, as the surviving spouse, qualified as an interested person under the Texas Probate Code, which defines interested persons as heirs, devisees, spouses, creditors, or others with a property right or claim against the estate (Tex. Prob. Code Ann. § 3(r)). The court emphasized that being disinherited does not automatically negate a spouse's status as an interested person.
Ultimately, the court reversed the trial court's decision regarding Minnie’s standing, allowing her to demand an accounting of the estate. The court also clarified that even if a spouse has no direct claim to the estate, they may still have standing based on their relationship to the deceased.
In summary, the court ruled that Minnie had standing to pursue her claims as Ignacio's spouse, despite being disinherited in his will.
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