When mortgage lenders assign their interests in notes and deeds of trust to other entities, borrowers sometimes argue that the assignment destroys the original lender’s legal standing to pursue foreclosure proceedings. This argument becomes particularly complex when assignments occur during pending appeals or while foreclosure actions are underway. Borrowers may contend that the original lender...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 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 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

Probate Terms Navigating Texas probate law requires familiarity with specific terminology that governs estate administration from filing the initial application through final distribution of assets. These 25 definitions represent the fundamental concepts that attorneys, personal representatives, and beneficiaries encounter in virtually every probate proceeding. Understanding these terms provides the foundation necessary to comprehend court filings,...KEEP READING

When someone dies owning property worth less than $75,000, families often assume they must navigate the full probate process with all its complexity and expense. Many people believe that any estate involving real property automatically requires formal probate administration regardless of the property’s value. This misconception can lead families to spend thousands of dollars on...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