Overall, naming your attorney as a beneficiary of your will in Texas is possible, but there are some significant limitations that you should be aware of before you do so. What is a valid will? In Texas, a will is a legal document that outlines an individual’s wishes for how their property and belongings should...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

When families contest the probate of wills, they sometimes challenge fundamental procedural requirements in hopes of preventing will admission entirely. These challenges may focus on whether the court has proper jurisdiction and venue to probate the will, or whether the proponent has satisfied the burden of proving that the will was not revoked before the...KEEP READING

When someone files an application to probate a will without clearly establishing their connection to the estate, opposing parties may challenge whether the applicant has standing to bring the probate proceeding. These standing challenges serve an important gatekeeping function by ensuring that only persons with legitimate interests in estate matters can initiate probate proceedings. However,...KEEP READING

When workplace accidents result in employee deaths, surviving spouses face difficult decisions about where to file wrongful death lawsuits. The deceased employee’s estate may be pending in probate court near the family home, while proper venue for the wrongful death claim may lie in the county where the accident occurred or where the employer’s principal...KEEP READING

When a parent dies, adult children sometimes discover multiple wills with conflicting provisions. The older will might favor one family member while a newer document distributes assets differently. Faced with potential family conflict and the emotional burden of legal proceedings, children may agree among themselves not to probate the later will to avoid upsetting other...KEEP READING

Family disputes over estate assets often intensify when venue becomes contested territory. A deceased person’s mother might file probate proceedings in one county while adult children argue the case belongs elsewhere. The stakes can be substantial because venue determines not only which court will oversee the estate but also which community’s laws and procedures will...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 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

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