When a parent dies, adult children sometimes discover multiple wills with conflicting provisions. The older will might favor one family member while a newer document distributes assets differently. Faced with potential family conflict and the emotional burden of legal proceedings, children may agree among themselves not to probate the later will to avoid upsetting other...KEEP READING
When someone believes they were wrongfully excluded from an inheritance due to family manipulation, they face difficult decisions about pursuing legal remedies. Many people assume that once a will has been probated and the estate distributed, no further legal options exist. However, situations involving alleged tortious interference with inheritance create separate causes of action that...KEEP READING
Probate Terms Navigating Texas probate law requires familiarity with specific terminology that governs estate administration from filing the initial application through final distribution of assets. These 25 definitions represent the fundamental concepts that attorneys, personal representatives, and beneficiaries encounter in virtually every probate proceeding. Understanding these terms provides the foundation necessary to comprehend court filings,...KEEP READING
When someone dies owning property worth less than $75,000, families often assume they must navigate the full probate process with all its complexity and expense. Many people believe that any estate involving real property automatically requires formal probate administration regardless of the property’s value. This misconception can lead families to spend thousands of dollars on...KEEP READING
When a family member disappears without a trace, their loved ones face agonizing uncertainty about whether the person is alive or dead. Years may pass without any contact or evidence of what happened. Eventually, families need closure and practical resolution of the missing person’s legal and financial affairs—but they cannot simply assume death has occurred....KEEP READING
When most people think about courts, they picture criminal trials or major civil lawsuits that make headlines. However, there’s one court system that touches virtually every family in America yet operates largely outside public view. These specialized forums make decisions about our most personal and valuable affairs—often with minimal oversight or appeal rights. In Bexar...KEEP READING
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...KEEP READING
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...KEEP READING
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...KEEP READING
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...KEEP READING
