When a probate court makes decisions during the administration of an estate, parties who disagree with those decisions may want to appeal right away. If the probate court makes a decision that negatively impacts the party’s rights, time may be of the essence to fix it. From an economic or practical perspective, a delayed fix […]
When a loved one passes away leaving a will, the family often wants to proceed with probate as quickly as possible to settle the estate. In cases where someone contests the will’s validity, the natural question arises: If the will appears valid on its face, why can’t the court admit it to probate now and […]
If an executor is appointed to administer a probate estate in Texas, can they be disqualified from serving if they had a joint checking account with the decedent during the decedent’s lifetime? This is a common fact pattern. It is common to set up joint bank accounts as part of an estate plan, so that […]
Courts possess significant powers to impose sanctions on attorneys who improperly abuse legal processes. Various procedural rules and statutes grant courts discretion to levy monetary sanctions when attorneys engage in frivolous litigation tactics or misconduct. As the Brenners v. Green, No. 06-20-00044-CV (Tex. App. – Texarkana [6th Dist.] 2020) case exemplifies, determining appropriate sanctions requires […]
Probate proceedings in Texas often feature multiple complex stages and interim rulings before finality is reached. This multi-phase process aims to fully and fairly administer estates, but it also creates potential complications when it comes to appealing orders issued along the way. Since appellate courts want to discourage piecemeal appeals before probate completion, only certain […]
When a will is contested in Texas, the scope of the executor’s authority is often disputed. Texas executors derive their authority solely from the will itself. However, competing heirs disagree on what powers the will actually grants. Critical issues like an executor’s ability to dispose of estate assets through sale or gift may hinge on […]
In specialized Texas probate proceedings, courts at times order one party to pay the other party’s attorney fees. However, specific statutes, rules, or case law must permit fee-shifting, and sufficient evidence must support the amount awarded. The Mortensen v. Villegas, 630 S.W.3d 355 (Tex. App. – El Paso [8th Dist.] 2021) case explores the standards […]
Co-guardianships are complex arrangements that require careful management, especially when parents share responsibility for an incapacitated ward. Such arrangements involve a delicate balance of rights and responsibilities. However, disputes can arise, leading one parent to seek clarification and enforcement of the co-guardianship order, while the other parent proposes specific possession schedules. The In re Guardianship […]
If someone dies in Texas and they left a handwritten written document that gives away their property on death, can that document be a valid will? What if the person did not sign the will? The answer is often, “yes,” as Texas law allows for handwritten wills. The courts will often admit the wills even […]
Probate litigation often involves various motions filed by the parties. These include motions related to discovery requests, such as motions to compel and motions for protective orders. There are also motions to turn over property of the estate or to compel accountings by the executor. One of the key challenges in probate cases is determining […]
