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...KEEP READING
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...KEEP READING
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...KEEP READING
The loss of a loved one is a difficult and emotional time, but when it is combined with the responsibilities of managing an estate, the process can become overwhelming. In this article, we will explore a case study of probate in Texas with a video will and highlight some of the important considerations involved. Understanding...KEEP READING
When someone dies unexpectedly, family members often discover handwritten notes among the decedent’s belongings. These notes might express wishes about funeral arrangements or state who should handle affairs after death. The question becomes whether such informal writings constitute valid wills that courts must honor—or whether they merely reflect intentions that never became legally effective. Texas...KEEP READING
Probate law can be complex and confusing, especially when it comes to issues of inheritance and validity of wills. This case study focuses on a specific situation in Texas probate law, where an individual believes that a will filed after his grandfather’s death is invalid and that the grandfather’s real siblings should be entitled to...KEEP READING
When a loved one passes away, the process of settling their estate can be a difficult and emotional time. Unfortunately, it can also be a time when family members may disagree over the distribution of assets. This case study focuses on probate law in Texas, and discusses the actions that the client can take when...KEEP READING
Independent Executor’s for a decedent’s estate must understand that their primary function is to fulfill their legal obligations and responsibilities in accordance with state laws and the terms of the deceased person’s will. They manage the deceased person’s assets, pay debts and taxes, and distribute the remaining assets to the beneficiaries according to the will....KEEP READING
When a person passes away, their assets and debts must be settled through the probate process. This process can be complicated, especially when it comes to the payment of creditors. In Texas, there are specific rules and procedures that must be followed when dealing with creditor’s claims in probate court. Understanding the Probate Process Probate...KEEP READING
Texas state law mandates that for any probate matter, a personal representative must be appointed in order to represent the decedent’s estate. But what exactly does that mean? How can one determine who is capable and eligible to be the personal representative? And what qualities do they need to possess in order to serve this...KEEP READING
