If you’re like most people, you have at least one bank account. But what happens to that account when you die? The answer may surprise you: in Texas, bank accounts do not go through probate. In this blog post, we’ll discuss what this means for your loved ones and how to ensure that your bank...KEEP READING

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 a party to a mediated settlement refuses to fulfill a condition within their control, can they later use that failure to void the agreement? This question often arises when settlement regret sets in after the ink has dried. Texas probate disputes frequently involve family members who reach agreements during emotional mediation sessions, only to...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

In Texas, administration of community property can be a legitimate alternative to probate. The determination of whether property is community property or separate property can be a complex matter and is often a source of controversy during the administration of an estate. In some cases the community property laws can be used to probate the...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

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