Family members often assume they have years to investigate potential breaches of fiduciary duty. However, they often face a race against time to pursue legal remedies. The statute of limitations can create unexpected traps for beneficiaries who delay in asserting their rights. The timing is even more complex when those administering assets die before rendering […]
When a loved one dies, families often assume that probate courts simply rubber-stamp wills and distribute assets according to the deceased’s wishes. Many people view probate as a ministerial process where courts mechanically follow predetermined instructions without exercising meaningful oversight. This belief can lead to surprise when probate courts actively scrutinize estate matters, require detailed […]
A lot of planning goes into preparing a Last Will and Testament. The testator agonizes over who is going to take what asset and when. The testator thinks through who should serve as the executor and what powers they should have. Then the estate planning attorney carefully crafts the legal document. And great care is […]
What if a loved one executes a will based on a faulty assumption? What if you can prove the error? For example, what if a loved one fails to include a family member in their will because they mistakenly believe that family member is already provided for outside of the will? Can the omitted family […]
After a loved one passes away, family members often have to figure out what to do with their assets, debts, and other concerns. Many executors named in wills assume they can handle the probate process themselves. This is especially true when dealing with straightforward estates or when all family members agree on the distribution. The […]
Our Texas probate laws provide for independent administrations. The term “independent administration” means a probate that has very little court supervision or involvement. The “independent executor” is left to themselves to know and follow the law. This is why many executors prefer to serve as dependent administrators. They prefer having the court make the difficult […]
When family members disagree about which county should handle probate proceedings, the winner often isn’t the one with the best legal arguments. Instead, Texas law provides the advantage for whoever files first. This can be true even when the initial application has serious flaws or when the applicant fails to follow through on court requirements. […]