Real Housewives of Potomac Star Gizelle Bryant Contests Father’s Will: What Texas Law Says About Undue Influence and Testamentary Capacity

A Civil Rights Legacy, a Contested Will, and Questions of Capacity

Gizelle Bryant, one of the stars of the Real Housewives of Potomac, is currently embroiled in a legal dispute that touches on deep family ties, a civil rights legacy, and the complexities of probate law. Her late father, Curtis Graves, wasn’t just an ordinary dad—he was a trailblazer. Graves served as one of the first Black members of the Texas House of Representatives since Reconstruction, representing Houston from 1967 to 1973; additionally, he worked tirelessly as a civil rights activist alongside the Rev. Dr. Martin Luther King, Jr. during the height of the movement.¹ He later went on to a distinguished career with NASA in Washington, D.C., where he led public affairs and equal employment programs, continuing his advocacy for equity and opportunity on a national level.²

Graves passed away from brain cancer on July 26, 2023, at the age of 84 years old, after undergoing an aggressive surgery for the illness.³ At the time of his death, he resided in Tucker, Georgia, though his legal and political roots remained deeply tied to Texas, where he had served in public office and built much of his professional legacy.

The controversy centers around a will allegedly signed two (2) days after his medical procedure, which excluded Gizelle and her three (3) daughters from inheriting anything. According to Gizelle, the will is invalid due to her father’s lack of mental capacity and possible undue influence, stating, “For whatever reason, two days after his brain surgery, someone around him had a will signed, supposedly by him. And I was with him actually. He was not able to sign anything, read anything — none of that.”⁴ Graves, the father of three (3) children with his ex-wife Joanne Graves—including Gizelle Bryant—later married his second wife, Kay Graves. As a prominent figure with ties to Texas, this dispute raises significant legal questions—especially when it comes to how Texas law handles will contests involving potential incapacity and undue influence.

What Is Testamentary Capacity?

Under Texas law, testamentary capacity means the person writing the will (the “testator”) must be of “sound mind” when signing the document.⁵ In simple terms, this means the testator:

• Knows they are making a will;
• Understands the effect of the will (who receives what);
• Knows the general nature and extent of their assets; and
• Recognizes the “natural objects of their bounty” (their family or close relationships).⁶

A person does not need to be in perfect mental health to have testamentary capacity, as even individuals with conditions like dementia or those recovering from surgery may still retain capacity during periods of lucidity.⁷ However, capacity can fluctuate, especially in cases involving brain cancer or other neurological conditions and cognitive decline.

In Graves’ case, if he signed a will shortly after brain surgery or while suffering from advanced brain cancer, that could present compelling evidence of his mental state either before or after the will execution. Testimony from doctors and witnesses present around the time of the will’s execution, along with medical records documenting his mental condition, would be crucial in assessing his mental clarity at that time.

What Does Lack of Capacity Look Like?

Someone may lack capacity if they:

• Cannot recognize close family members;
• Are confused about their property or finances;
• Exhibit delusions or paranoia;
• Struggle to express coherent thoughts or decisions; or
• Sign documents without understanding their content.⁸

In situations involving recent brain surgery, chemotherapy, or other severe treatments—like in Graves’ case—mental clarity is often compromised. If a will is signed during such a state, Texas courts may find it invalid. In will contests, medical records, neurologist testimony, and the timing of the will execution relative to the illness or treatment often become the backbone of the contestant’s challenge.

Understanding Undue Influence

Undue influence occurs when someone pressures or manipulates a testator to alter their will for unfair benefit—often by exploiting illness, isolating them from family, or exerting coercion—and the Texas Supreme Court has clarified that proving undue influence requires demonstrating that this manipulation overpowered the testator’s free will, as mere presence or a close relationship alone is insufficient.⁹

Texas courts look at several factors to determine undue influence, including:

• Whether the testator was physically or mentally weakened;
• Whether the influencer had access to and control over the testator;
• Whether the new will was a significant departure from prior versions; and
• Whether the influencer benefited more than expected, especially at the expense of the testator’s family.

In Graves’ situation, if someone else was named the primary beneficiary while his daughter, Gizelle, and her children were excluded—and if this occurred while he was suffering from brain cancer—the court would likely view these circumstances as strong evidence warranting careful consideration of undue influence. As Gizelle explained, “My dad stood on making sure that generational wealth is passed, [however,] nothing was left to me and nothing was left to my children, my father’s grandchildren — which were probably more important to him than me.”¹⁰ She also shared the emotional toll of this experience, telling her three daughters, “But in the will that’s fraudulent, we get nothing. And it’s as if you guys don’t exist either. It’s all very painful, because I don’t want to have to go through this. I know that he didn’t want me to have to go through this.”¹¹ These statements strongly indicate that Curtis Graves would not have intended to exclude his daughter and grandchildren, further raising questions about undue influence.

Disinheriting Family Members: When It Raises Red Flags

In Texas, there’s no legal obligation to leave anything to adult children or grandchildren.¹² However, when a longtime parent suddenly disinherits close family members while giving everything to someone else—especially during an illness—that invites suspicion.¹³

Courts will consider whether:

• There was a sudden shift in the will’s content;
• The testator was isolated from their family;
• The influencer was present during the drafting or signing of the will; and
• Prior wills were completely different.¹⁴

For example, in In the Estate of Lynch, Wilbur Lynch’s 2003 will drastically deviated from his prior estate plan by favoring his daughter, Tracy, while disinheriting his other daughters, Peggy and Patricia.¹⁵ This change occurred when Wilbur, aged 92, was in declining health, suffered from dementia, and was under Tracy’s influence, leading the jury to find both lack of testamentary capacity and undue influence.¹⁶ Similarly, if Curtis Graves had consistently expressed a desire for his children and grandchildren to inherit, but the contested will abruptly disinherited them in favor of another beneficiary, such a sudden shift, especially during illness or isolation, could be persuasive evidence of undue influence.

What Should You Do If You Suspect Undue Influence or Lack of Capacity?

If you’re facing a situation like Gizelle Bryant’s—where a loved one executed a will under questionable circumstances that excludes close family members—don’t ignore the red flags. Acting quickly is essential, as Texas law generally allows you to file a will contest within two (2) years of the will being admitted to probate. Success often hinges on gathering strong evidence, so start by collecting:

• Medical records that document the testator’s condition;
• Prior versions of the will to identify sudden changes;
• Witness statements from those present during the signing; and
• Communications that reflect family dynamics or potential isolation of the testator.

Consulting with a probate attorney who understands claims of undue influence and lack of testamentary capacity can strengthen your case and guide you through this complex legal process.

Need Help Navigating a Will Contest? Don’t Wait—Act Quickly to Preserve Evidence

Contesting a will is never easy and can be emotionally exhausting—especially when it involves protecting a family legacy, navigating complex medical issues, and uncovering potential fraud. Curtis Graves, a trailblazing civil rights leader and one of the first Black members of the Texas House of Representatives, left behind a profound legacy of fighting for justice and equality. Just as Graves dedicated his life to advancing fairness and integrity, it is your responsibility to safeguard your loved one’s legacy by taking action if you suspect that a will was executed under questionable circumstances. Don’t stay silent—your loved one’s true intentions deserve to be honored, and standing up for what’s right can preserve their legacy for generations to come.

¹Defender News Service, Former Houston State Rep. Curtis Graves Dies, Defender Network (Aug. 11, 2023), https://defendernetwork.com/people/obituaries/former-houston-state-rep-curtis-graves-dies/

(last visited Mar. 12, 2025).

²Id.

³ Curtis Graves Obituary, Times-Picayune, Aug. 5, 2023, https://obituaries.nola.com/obituary/curtis-graves-1092249215 (last visited Mar. 12, 2025).

⁴See Caitlin Schunn, Gizelle Bryant Is Contesting Her Late Father Curtis Graves’ Will, Bravo (Dec. 3, 2024), https://www.bravotv.com/the-daily-dish/gizelle-bryant-fighting-dad-curtis-graves-will-why (last visited Mar. 12, 2025).

⁵See Tex. Est. Code Ann. § 251.001, https://statutes.capitol.texas.gov/Docs/ES/htm/ES.251.htm (last visited Mar. 12, 2025).

⁶See Lindley v. Lindley, 384 S.W.2d 676, 678 (Tex. 1964).

⁷ See Lee v. Lee, 424 S.W.2d 609, 611 (Tex. 1968).

⁸ Id.

⁹ See Rothermel v. Duncan, 369 S.W.2d 917, 922 (Tex. 1963).

¹⁰ Schunn, supra note 4.

¹¹Id.

¹² See In re Estate of Kam, 484 S.W.3d 642, 653 (Tex. App. 2016) (holding that a testator of sound mind may exclude children from a will, and such exclusion alone is not evidence of undue influence).

¹³See Long v. Long, 125 S.W.2d 1034, 1036-37 (Tex. 1939) (noting that a will that departs from the natural course of descent and distribution, favoring one individual over others who would naturally be expected to inherit, is circumstantial evidence that may be considered when evaluating claims of undue influence).

¹⁴See Rothermel, supra note 9 at 922-923.

¹⁵See In the Estate of Lynch, 350 S.W.3d 130, 133-34 (Tex. App. 2011).

¹⁶Id. at 136-38.