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Can Federal Courts Resolve POD Account Disputes Despite the Probate Exception?

Payable-on-death (“POD”) accounts pass directly to named beneficiaries upon death through the contract with the financial institution. Probate court would seem the natural fit when disputes arise over who validly changed those designations. When someone dies, leaving bank accounts behind, family members typically expect the probate court to oversee the distribution of the funds. But […]
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Does Termination of Parental Rights Sever the Biological Bond for Protective Orders in Texas?

Family violence tears through households without regard to legal formalities. A grandmother faces exploitation by her own daughter. The granddaughter seeks to protect her. But there’s a complication: the daughter gave up the granddaughter for adoption decades ago, and her parental rights were terminated. Does that termination destroy the granddaughter’s legal standing to seek a […]
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Can Evidence Discovered After the Time to Contest a Will Justify a Late-filed Lawsuit?

The phone rings. The caller refuses to identify themselves. They claim your parents’ will was forged and promise they have proof. Most people would dismiss such a call as a cruel prank. But what happens when those anonymous allegations turn out to be true, and the proof comes in the form of boxes filled with […]
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Undue Influence Claims Texas Probates for Late-Life Remarriage and Relationships

Last minute estate plan changes often result in disputes. These disputes often involve situations where a elderly and newly widowed parent remarries or finds a new romantic partner quickly after their spouse’s death. There are often questions by the adult children about whether the new spouse or partner gained influence over the parents’ finances, particularly […]
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When Settlement Funds Belong to the Estate, Who Can Settle Claims?

When a loved one dies due to someone else’s negligence, family members often find themselves navigating two parallel legal worlds: wrongful death claims that belong to individual family members and survival claims that belong to the deceased person’s estate. The litigation is often prosecuted by a personal injury law firm. They may or not may […]
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Can a Guilty Plea Can Disqualify You as Executor in Texas Probate Administration?

Family relationships can fray after someone dies. Money and property have a way of bringing out the worst in people. Sometimes the conflict escalates beyond angry words at the funeral or tense meetings with the lawyer. What happens when the person named as executor in the will has committed violence against another family member who […]

What Your Probate Settlement Agreement Doesn’t Say Matters as Much as What It Does

Probate disputes can tear families apart. Siblings who grew up together suddenly find themselves on opposite sides of a courtroom. They fight over their parents’ estates for years. The emotional and financial toll can spiral out of control. Many families turn to mediation to resolve probate disputes. They hammer out settlement agreements intending to resolve […]

A Common Probate Challenge: Voiding Real Estate Deeds Based on Mental Incapacity

A family member signs over her home to a grandchild. Weeks later, she’s declared legally incapacitated. The family questions whether she truly understood what she was doing when she signed. But here’s the challenge: nobody performed a mental evaluation on the exact day she signed the deed. Does that mean the deed stands? This scenario […]

Can an Executor Sell Property They Own Joinly With the Estate?

Family property disputes often take an unexpected turn when siblings inherit land together. One sibling decides to sell their share to an outside buyer. The remaining family members watch helplessly as a stranger becomes their new co-owner in property that has been in the family for generations. The situation becomes even more complicated when the […]