Elvira Aguilar owned a home in San Antonio, Texas, where she lived with her partner Johnny Montoya Garza. In March 2005, Elvira and Garza signed a document titled “Will from Johnny Montoya Garza and Elvira G. Aguilar.” The will gave the home to Elvira’s three grandchildren and also provided that no changes to the home be made without their consent. The document was handwritten by Garza and signed by both he and Elvira. Elvira was diagnosed with Alzheimer’s disease later that same year and suffered a precipitous decline in her mental condition. Elvira also suffered from language and cognitive impairment, diabetes, and hypertension. Elvira died in July 2011 at which time a dispute arose between Garza and Elvira’s children and grandchildren regarding ownership of the home. Garza and the grandchildren claimed that Elvira’s March 2005 will entitled them to possession and ownership. Elvira’s children claimed that the will was ineffective as it was handwritten by Garza. Is Elvira’s will effective? Does it meet the requirements of a holographic will? Why or why not? [Lemus v. Aguilar, 491 S.W.3d 51 (Tex. Ct. App. 2016).]
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