Obtaining a guardianship can be a complex legal process. The term “guardianship” refers to the court supervision of an incapacitated person. The court appoints a guardian legal authority to make personal and/or financial decisions for the incapacitated person. It involves petitioning the court to appoint someone as the legal guardian of another person, known as...KEEP READING
Having a will helps a testator to distribute an estate as they see fit, and can make taking care of family after death much easier. Where intestate succession administers an estate in accordance to Texas intestate succession laws, Whether drafting a new will or updating an existing one, there are certain things to know and...KEEP READING
Equitable conversion is a legal doctrine that treats a contract for the sale of property as if the property has already been transferred, even though the actual transfer has not yet occurred. This shifts risk between the buyer and seller. However, there are situations where equitable conversion does not apply to a contract. However, when...KEEP READING
After the death of a loved one, the last thing anyone wants to deal with is legal paperwork and court battles. However, sometimes there is no other option but to contest a will, especially if there is a legitimate concern regarding a decedent’s final will. Foundations for a Will Contest in Texas When contesting a...KEEP READING
A last will and testament allows you to specify how your property will be distributed after your death. Within the will, there may be bequests regarding certain assets in the estate. However, what are they used for? The Matter of Estate of Brown, 922 S.W.2d 605 (Tex. App. – Texarkana, 1996) case helps answer this....KEEP READING
Estate beneficiaries sometimes sign releases in exchange for immediate payment rather than waiting for probate to conclude. These releases typically bar all future claims against the estate. Later, the beneficiary may discover reasons to challenge the release—perhaps claiming fraud or lack of consideration—and attempt to set it aside in a separate lawsuit. What happens when...KEEP READING
When persons attempt to probate wills years after the testator’s death and their applications are denied, they may find themselves in a peculiar legal position. Although named as executors in the rejected wills, they have no legal authority to act on behalf of the estates. Meanwhile, the decedent’s heirs may proceed to distribute estate assets...KEEP READING
Family members often transfer property informally through handwritten deeds or documents that skip formal requirements. These informal transfers may seem adequate within the family but can create serious problems when the property is later sold to outsiders. The informal deed may lack proper acknowledgment, witnesses, or notarization. What happens when an unacknowledged gift deed conflicts...KEEP READING
When deceased persons were partners in businesses that become involved in litigation years after their death, family members may attempt to transfer those business disputes to probate courts for consolidation with other estate-related proceedings. This strategy can seem attractive when multiple lawsuits involve similar issues or when probate courts already have jurisdiction over related trust...KEEP READING
When families contest the probate of wills, they sometimes challenge fundamental procedural requirements in hopes of preventing will admission entirely. These challenges may focus on whether the court has proper jurisdiction and venue to probate the will, or whether the proponent has satisfied the burden of proving that the will was not revoked before the...KEEP READING
