In re Estate of June Nell Schwab, Deceased

Summary

The Thirteenth Court of Appeals of Texas affirmed orders dismissing Carmen E. Schwab’s challenge to the probate of June Nell Schwab’s will. The court held that Carmen lacked standing because she failed to raise a genuine issue of material fact showing that she had been equitably adopted by James W. Schwab or that an agreement to adopt existed. Because the standing issue was dispositive, the court declined to address Carmen’s claims concerning attorney disqualification and the striking of her motion for new trial.

Holdings

1. Carmen lacked standing because she failed to raise a genuine issue of material fact that she had a justiciable interest in June's estate. She did not produce more than a scintilla of evidence that James agreed with both biological parents to adopt her, that her biological father abandoned her, or that James attempted to adopt her.

Questions Presented

1. Whether Carmen raised a genuine issue of material fact that she had a justiciable interest in June's estate through equitable adoption or adoption by estoppel and therefore had standing to contest June's will.
2. Whether the trial court erred in denying Carmen's motion to disqualify appellees' attorneys based on an alleged conflict of interest.
3. Whether the trial court erred in granting appellees' objections and motion to strike Carmen's motion for new trial.

Disposition

affirmed