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
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
When persons attempt to probate wills years after the testator’s death and their applications are denied, they may find themselves in a peculiar legal position. Although named as executors in the rejected wills, they have no legal authority to act on behalf of the estates. Meanwhile, the decedent’s heirs may proceed to distribute estate assets...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 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 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 independent executors complete their duties and distribute estate assets to beneficiaries, they often seek judicial discharge to obtain protection from future liability claims. This discharge process provides a clean break from fiduciary responsibilities and shields executors from claims related to their administration of the estate. However, complications can arise when family members later decide...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
