Close friendships often develop between attorneys and their clients. These relationships can span decades and involve trust on matters ranging from business transactions to family disputes. When a grateful client wants to leave a substantial gift to the attorney who served them faithfully, the gesture seems natural and heartfelt. Texas law takes a different view....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

Introduction A living trust is a legal arrangement in which you, the grantor, transfer property to a trustee. The trustee then manages the property for the benefit of a named beneficiary or beneficiaries. Living trusts are created during the grantor’s lifetime and can be revocable or irrevocable. Texas has specific laws governing living trusts, so...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

Introduction When you’re making your will, one of the most important decisions you’ll make is who will serve as your personal representative. Your personal representative is the person who will be responsible for carrying out your wishes after you die, so it’s important to choose someone you trust implicitly. There are a few things to...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

Family members often transfer property informally through handwritten deeds or documents that skip formal requirements. These informal transfers may seem adequate within the family but can create serious problems when the property is later sold to outsiders. The informal deed may lack proper acknowledgment, witnesses, or notarization. What happens when an unacknowledged gift deed conflicts...KEEP READING

When elderly parents become seriously ill, adult children who have been distant for years sometimes suddenly appear at the hospital bedside. These long-absent children may express newfound concern about their parent’s estate planning and suggest that existing wills need immediate revision. The parent, weakened by illness and facing dangerous medical procedures, may feel compelled to...KEEP READING

When an independent executor needs to resign from estate administration, the process can become unexpectedly complicated if family members disagree about who should serve as the replacement. The named executor might assume that the primary beneficiary under the will has the authority to seek appointment as successor. However, surviving spouses who received no specific bequests...KEEP READING

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