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Estate of Vackar

345 S.W.3d 588 (2011)

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Estate of Vackar

Texas Court of Appeals
345 S.W.3d 588 (2011)

Facts

Dennis Vackar and Betty Vackar (defendant) had been married for over 27 years and estranged for about one year when Dennis suffered a severe injury that required his hospitalization. Dennis had a very close relationship with his sister, Maggie Marbry (plaintiff). While in the hospital, Dennis executed a durable statutory power of attorney that named Maggie as his agent. Dennis asked Maggie to name herself as the beneficiary of his John Alden life-insurance policy, and she complied. Dennis then executed his will, naming Maggie as his sole beneficiary. Dennis died. Maggie asked a probate court to probate Dennis’s will. Betty contested the will, arguing that Dennis did not have testamentary capacity and that he executed his power of attorney and will under Maggie’s undue influence. It was undisputed that the John Alden life-insurance policy was community property. The jury rendered a verdict in favor of Betty, finding, among other things, that the John Alden life-insurance-policy proceeds were an unfair gift to Maggie from the community property belonging to Dennis and Betty. Maggie appealed.

Rule of Law

Issue

Holding and Reasoning (Simmons, J.)

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