When a divorce doesn’t fully untangle a couple’s property, the loose ends can outlive the marriage and one of the spouses. A house that was supposed to be sold doesn’t get sold. Money that was supposed to be split sits in an account for years. Then one ex-spouse dies, and the other one starts asking […]
The post Right of Survivorship: Can…
A parent dies, and the family assumes the house is now theirs. Nobody signs a new deed or takes out a new loan. Then a letter shows up from a mortgage company, addressed to the heirs by name, threatening foreclosure on a loan most of them never signed. Can a lender really foreclose against people […]
The post Statutory Probate Lien: Can…
A parent starts to slip. One child holds the power of attorney. Another child shows up, has the parent sign new papers, and moves her across the country to live in the spare bedroom. The rest of the family is left asking whether Mom even understood what she signed, and whether she understood that she […]
The post Domicile of Choice: Can…
Divorce doesn’t always end the fight over property. Sometimes a decree divides things loosely, the money sits in limbo for years, and then one of the former spouses dies. Now the other spouse is dealing with an estate, an administrator, and maybe a will. Challenging that will can look like the fastest way to get […]
The post A Pending Claim Against…
Guardianship fights inside a family rarely end when the judge signs the order. The relative who lost often keeps looking for a way to undo it, and one of the first places they look is the very start of the case: was the proposed ward properly served? Texas law is specific about who can hand […]
The post Does a Service Defect…
When a beneficiary thinks a trust has been mismanaged, the first thing he needs is the paper. Bank statements, tax returns, ledgers, and the accountant’s workpapers usually tell the real story. The trouble is that the paper is often not where the lawsuit is. The trust case is in Texas, but the trustee’s accountants may […]
The post Subpoenaing Out-of-State Accountants in…
A lot of divorce settlements include a promise about the kids. One parent agrees to leave the children of that marriage a share of everything when he dies. Then life moves on. He remarries, builds new wealth with a new spouse, and puts most of it in both their names. When he dies, the jointly […]
The post A Divorce-Decree Promise Enforced…
When a relative goes to probate court and gets a temporary guardian appointed for a parent, things can move fast. Sometimes the first order is signed before the parent has a lawyer or a hearing. For the person on the receiving end, that can feel like the courthouse took her checkbook and her independence before […]
The post Can You Sue the…
When a family fight breaks out over an estate, the person in charge of the estate is usually the first target. An heir thinks the executor is the wrong person for the job, asks the probate judge to remove her, and the judge says no. The heir’s next thought is obvious: appeal, and appeal now, […]
The post Can You Appeal a…
When a family fights over a guardianship for years, most people assume the fight ends when the loved one dies. The person who needed protecting is gone. What is left for the court to do? Quite a bit, as it turns out. A ward’s death ends the guardian’s authority over the person, but it does […]
The post What Happens to a…
