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

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

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

When someone scribbles notes about changing their estate plan, do those handwritten pages become a new will simply because they contain the person’s name somewhere on them? This question haunts many Texas probate disputes where family members discover informal writings after a loved one’s death. The human impulse to find meaning in a deceased person’s...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