When a parent dies with a modest estate and no will, Texas gives families a shortcut. Instead of opening a full administration, the heirs can file a small estate affidavit, get it approved by the probate court, and collect the property without anyone being appointed administrator. Often a few family members make it even simpler...KEEP READING
Most parents assume the custody fights end when a child turns eighteen. That isn’t always true. When an adult child can’t manage his own affairs, divorced parents can end up back in court, this time fighting over who gets appointed guardian. The stakes are the same as a custody case: medical care, where the child...KEEP READING
Business partners often agree that whoever outlives the other gets the first shot at buying out the deceased partner’s share. Ranching families do it. Oil and gas investors do it. Owners of closely held companies do it. The surviving partner assumes the deal will simply play out once the other partner passes away. But what...KEEP READING
A parent dies and two pieces of paper show up, each claiming to be the last word on who gets what. One child produces a will signed years ago. Someone else produces a will signed shortly before the death. Both cannot be right, and the fight that follows is rarely about money alone. It is...KEEP READING
Most families argue about who should handle a parent’s estate. Usually the fight is about competence, or money, or an old grudge nobody has let go of. Every so often the fight is about something much harder: one of the people asking to be put in charge has already hurt somebody else in the family....KEEP READING
When a parent dies and a new spouse takes control of the estate, the adult children from the first marriage usually assume they get a say. They are the decedent’s children, after all. So they file something in the probate court objecting to the new spouse serving as executor — and get told they have...KEEP READING
Family fights over real estate are some of the hardest cases we see. A parent dies, one child ends up with the land, and everyone else is left wondering how that happened. The suspicion is real and sometimes it is justified. But suspecting you were cheated and proving it in court are two very different...KEEP READING
Families often treat a disclaimer as a courtesy. One heir signs a piece of paper saying he does not want anything, everyone agrees the estate should go to somebody else, and the paperwork moves. It feels like a housekeeping step. It is not. A disclaimer is one of the most powerful documents in Texas probate,...KEEP READING
When a parent dies and leaves behind a blended family, a fight over the estate is close to a given. Stepparents, stepchildren, and children from a prior relationship all end up comparing what they were promised against what they actually received. When those disagreements turn into lawsuits, the money is only part of it. There...KEEP READING
A family member has lived in the house for years. Maybe a parent deeded it to someone else along the way. Maybe there was a handshake, or even a signed agreement, about buying it someday. Then the person whose name is on the deed wants the house back, and the family member refuses to go....KEEP READING