In re Estate of Allen, No. 11-11-00131-CV, 2013 Tex. App. LEXIS 5675 (Tex. Ct. App. May 9, 2013)

(trial court admitted will to probate over objection that will not offered within four-year time period as required by state (TX) probate code;  decedent’s surviving spouse met with lawyer shortly after spouse's death and told she had option to probate will or execute affidavit of heirship; spouse believed that either option resulted in her inheriting all of decedent's property; affidavit prepared; at time of death decedent owned two tracts of land as his separate property; surviving spouse had dispute with son who kept livestock on property and he was asked to remove his livestock so the property could be leased; surviving spouse then notified that TX intestate succession law specifies that when surviving children are present (as for property that is not community property), the surviving spouse is entitled to life estate in one-third of land of decedent, with remainder to children; will filed more than four years after decedent's date of death; surviving spouse found not be in default of four-year rule; spouse elderly at time issue arose and had no training in legal matters and honestly believed that affidavit transferred all property to her as would decedent's will; question of "default" under statute is question of fact and not question of law; trial court's determination allowing admission of will to probate upheld).