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

The probate process can be a complex and emotional time for families, especially when the validity of a will is called into question. In Texas, the validity of a will can be challenged on several grounds, including fraud, undue influence, duress, and lack of capacity. In this article, we will examine a case study involving...KEEP READING

Ademption and voluntary partition are two important concepts in Texas Probate Law that are often confused. Understanding the differences between the two concepts is crucial for those who are administering an estate or creating an estate plan. Ademption in Texas Probate Law Ademption refers to the situation where a specific gift in a will or...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

After the death of a loved one, the last thing you want to deal with is legal paperwork and court battles. But if you feel like you have been wrongfully left out of a will, or if you think the will is not valid, you may have no choice but to contest it. The process...KEEP READING

In Texas, if a debtor dies before the judgment is satisfied, the judgment may be enforced against the estate in probate court. If you are a judgment creditor and the debtor dies, you must take action within a certain time frame to have the judgment enforced by the probate court. But must the judgment be...KEEP READING

If you have been named as an executor or administrator of someone’s estate in the state of Texas, you need to know what duties and responsibilities come with the job. This article will go over your legal requirements, highlighting what you need to do before beginning. Probate Case Law Olguin v. Jungman, 931 S.W.2d 607...KEEP READING

Will Disputes What would happen if a will could go through probate twice? This is generally prohibited. Wills are typically only probated once. If an agreement was made to accept the terms of a will and release all claims against the estate, the acceptee usually cannot relitigate the estate. Womble v. Akins gives us more...KEEP READING

Legal Terminology Self-proved will laws A will that can be validated without the use of a probate court. Such a will usually requires the presence of witnesses who attest to the will’s validity. Presumption of Continuity When no circumstances exist that suggest a will lacks validity or has been revoked, the burden shifts from a...KEEP READING