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