Blog

San Antonio Woman Tragically Shot in Front of her Three Children

It is easy to get caught up in the routine of everyday life. However, the unfortunate reality is that we can never truly predict what will happen. It is important to be ready for the unexpected. One way to accomplish this is to contact an estate planning attorney to have your affairs in order. No…Continue […]

Houston National Cemetery Hosts Memorial Day Celebration

With Memorial Day around the corner, many Houston residents are making their weekend plans. Now that the CDC guidelines have been updated and the number of fully vaccinated people continues to grow, it is no surprise that celebrating with friends and family is top of the list. While Memorial Day is often a day of…Continue […]

Surgeon Leaves Wife and Daughters Dream House After Losing Battle with Cancer

Being left behind by a loved one is never easy. This can be made increasingly difficult if the deceased did not make arrangements for what they left behind. Proper estate planning is key to helping your family move forward in your absence. Ray Valdez, an orthopedic surgeon in the Houston-area, made sure to do just…Continue […]

Is An Attorney Needed to Probate a Will?

It is generally common knowledge that, in America, citizens have the right to represent themselves in court. So if you are an executor for a will, it makes sense to think that you might not need to hire an attorney. However, this is not necessarily true. When probating a will, the estate and the executor…Continue […]

Court Makes Ruling in Michael Jackson Estate Case

When estates are left behind, particularly large ones, there is often a dispute. Such is the case with the estate of the late Michael Jackson. Even though he left this earth over a decade ago, the value of aspects of his estate is just now being decided by the courts. Michael Jackson was undoubtedly one…Continue […]

Probate After a Muniment of Title

Muniment of title is an alternative to the probate process in Texas. It is cost-efficient.  It is fast–relatively speaking. A Will is required. Instead of appointing you as the executor, the probate court enters an order distributing property according to the Will. And walla! But what if the story does not end there? What if…Continue […]

Drafting Agreements in Probate Cases

The beneficiaries and heirs of a probate estate are not stuck with the distributions set out in the decedent’s will or by Texas intestacy laws. The beneficiaries and heirs can agree among themselves to some other distribution scheme. This usually involves negotiating and recording the agreement in a family settlement agreement. A carefully drafted settlement…Continue […]

Probate Court Cannot Order Executor to Act

Our Texas probate laws provide for independent administrations. The term “independent administration” means a probate that has very little court supervision or involvement. The “independent executor” is left to themselves to know and follow the law. This is why many executors prefer to serve as dependent administrators. They prefer having the court make the difficult…Continue […]

Failing to Notify Heirs of a Probate Case

Our legal system is based on the idea that each party to a lawsuit should be notified of the suit. This ensures that they can protect their interests or defend themselves against the suit. With probate cases, this involves personally serving citation. This notice process is mentioned in several sections of the Texas Estates Code.…Continue […]

Nonresident Executor Subject to Texas Jurisdiction

Many courts shifted to online zoom hearings when the COVID virus situation started. This includes probate courts in Texas. This makes sense. Many probate hearings require witnesses. The witnesses are usually friends and acquaintances of the deceased. As with the deceased, generally, they are usually older. They may be more susceptible to have a strong…Continue […]