When families blend through remarriage, the distribution of a deceased parent’s assets can become a source of tension between children from different marriages. The surviving spouse and children from the second marriage may receive the bulk of the estate, while older children from previous relationships find themselves with limited inheritance rights. These situations become even...KEEP READING
When family disputes arise over estate property, attorneys often struggle to determine which court should hear the case. Multiple courts may have authority to resolve property ownership questions that affect ongoing estate administration. However, different types of jurisdiction create different procedural requirements for challenging a court’s authority to hear particular matters. The distinction between exclusive...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
When someone changes their life insurance beneficiary shortly before death, the excluded beneficiary may suspect that undue influence played a role in the decision. Family members who previously stood to inherit substantial benefits often feel shocked and betrayed when they discover last-minute changes that redirect insurance proceeds to different relatives or acquaintances. These situations create...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
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
A lot of planning goes into preparing a Last Will and Testament. The testator agonizes over who is going to take what asset and when. The testator thinks through who should serve as the executor and what powers they should have. Then the estate planning attorney carefully crafts the legal document. And great care is...KEEP READING
When family members disagree about which county should handle probate proceedings, the winner often isn’t the one with the best legal arguments. Instead, Texas law provides the advantage for whoever files first. This can be true even when the initial application has serious flaws or when the applicant fails to follow through on court requirements....KEEP READING
