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
If you’re like most people, you have at least one bank account. But what happens to that account when you die? The answer may surprise you: in Texas, bank accounts do not go through probate. In this blog post, we’ll discuss what this means for your loved ones and how to ensure that your bank...KEEP READING
Close friendships often develop between attorneys and their clients. These relationships can span decades and involve trust on matters ranging from business transactions to family disputes. When a grateful client wants to leave a substantial gift to the attorney who served them faithfully, the gesture seems natural and heartfelt. Texas law takes a different view....KEEP READING
Family tragedies test the boundaries of law and equity. A spouse dies under suspicious circumstances. An indictment for murder follows. Meanwhile, the accused stands to inherit substantial property as the surviving spouse or named beneficiary in the decedent’s will. The legal system must then grapple with a fundamental question of justice. Texas statutes of descent...KEEP READING
Introduction A living trust is a legal arrangement in which you, the grantor, transfer property to a trustee. The trustee then manages the property for the benefit of a named beneficiary or beneficiaries. Living trusts are created during the grantor’s lifetime and can be revocable or irrevocable. Texas has specific laws governing living trusts, so...KEEP READING
When a party to a mediated settlement refuses to fulfill a condition within their control, can they later use that failure to void the agreement? This question often arises when settlement regret sets in after the ink has dried. Texas probate disputes frequently involve family members who reach agreements during emotional mediation sessions, only to...KEEP READING
