The Texas legislature created business courts to handle litigation cases involving business matters. The jurisdiction and scope of cases the courts can hear has not been fully fleshed out yet. Since many probate estates and trusts include family-controlled partnerships and LLCs, this begs the question as to whether these disputes should be litigated in probate...KEEP READING
Married couples often rely on bank or brokerage representatives to handle the paperwork when they set up their accounts. The spouses may sign forms and then discuss the types of accounts or authorizations after they have already signed the forms. This begs the question as sto what happens when there is evidence that boxes on...KEEP READING
Your parent dies and you and your sibling are on good terms. There is a will. You agree that the will is valid. Your sibling is named as the executor in the will. To help facilitate and speed up the probate of the will, you sign a waiver consenting to the will being probated. This...KEEP READING
Having specific language and instructions in wills or estate plans can help distribute a decedent’s assets in accordance to their wishes. There may be cases where more than one beneficiary can lay claim to a decedent’s assets. As San Antonio probate attorneys, we often see this when individuals feel they are entitled to the property or...KEEP READING
What happens if someone enters into a contract to sell property, but there is evidence that they have some mental capacity issues? What if the mental capacity issues are serious, like dementia, and they are so significant that they warrant the appointment of a guardian shortly after the contracts are entered into? Are the contracts...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
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
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
