Billye died on October 16, 2011. Her 1985 will was admitted to probate, which divided her estate equally between Beverly and Barry. Her home was conveyed to Barry under that will. Later, Barry filed an October 2010 will (which gave almost all of the estate to him) for probate and sought to have the 1985 will set aside. Beverly fought back, saying Barry could not accept benefits under the 1985 will and then file the 2010 will. But the court sided with Barry, saying that once a beneficiary has accepted benefits under a will, that beneficiary cannot contest that will. But the Estates Code does not prevent that beneficiary from filing a later will for probate, even though that has the effect of setting aside the earlier will, and even though he accepted benefits under the earlier will. In re Estate of Billye M. Hormuth, 2014 Tex. App LEXIS 10123 (San Antonio 2014)
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