Imagine entrusting your elderly mother with Alzheimer’s to a nursing home, only to learn she was seriously injured after wandering into the room of another resident. This heartbreaking scenario is all too common in Texas. While some resident altercations may be unpreventable, nursing homes have a duty to assess residents’ risks and implement proper safety […]
Co-guardianships are complex arrangements that require careful management, especially when parents share responsibility for an incapacitated ward. Such arrangements involve a delicate balance of rights and responsibilities. However, disputes can arise, leading one parent to seek clarification and enforcement of the co-guardianship order, while the other parent proposes specific possession schedules. The In re Guardianship […]
Having specific language and instructions in wills or estate plans can help distribute a decedent’s assets in accordance to their wishes. There may be cases where more than one beneficiary can lay claim to a decedent’s assets. As San Antonio probate attorneys, we often see this when individuals feel they are entitled to the property or […]
What happens if someone enters into a contract to sell property, but there is evidence that they have some mental capacity issues? What if the mental capacity issues are serious, like dementia, and they are so significant that they warrant the appointment of a guardian shortly after the contracts are entered into? Are the contracts […]
The foreclosure process can be complex. It can be even more complex when the person who takes out a mortgage dies and the property passes to their beneficiaries or heirs. This can raise questions about the legal and financial responsibilities of both the inheritors of the property and the lender. Who is responsible for the […]
Dealing with the loss of a loved one is never easy, and it can be even more challenging when there is no clear plan for their assets. In Texas, when someone passes away without a will, their assets are subject to the state’s intestacy laws. This means that the court will distribute the assets according […]
Many people think that creating a last will and testament is all that is needed to protect their assets and ensure that their loved ones are taken care of after they pass away. However, a will is only a part of a comprehensive estate plan that can provide greater protection, minimize taxes, and avoid family […]
When estate administrators sell property years after the statutory deadline for opening probate has passed, can purchasers rely on those sales? This fundamental question has confronted Texas courts for over a century. Modern practitioners often assume that probate law has undergone substantial evolution since the early 1900s. Yet examining how courts addressed late-filed administrations in […]
When children fight over their parents’ estates, can accepting even small benefits under a will prevent them from challenging it entirely? Many beneficiaries assume they can collect rent checks or occupy inherited property while simultaneously contesting the document that gave them those rights. This misconception often proves costly. Texas law has long held that beneficiaries […]
A terminally ill parent wants to ensure their children are provided for after death. They sign a power of attorney document that includes instructions about placing lawsuit proceeds “in trust” for their children’s benefit. The parent dies that same day. The question then becomes whether those handwritten instructions actually created a trust—or merely gave someone […]