Nursing home negligence cases often begin with a family’s discovery that their loved one suffered preventable harm while under medical care. These discoveries are often not made until after the loved one dies. When this happens, Texas law provides specific procedures for holding healthcare providers accountable. A cornerstone of these procedures is the expert report...KEEP READING

Families who lose loved ones often find themselves in disagreements about property that may have been improperly transferred before a loved one’s death. When these disputes arise, the question arises as to who has the legal authority to challenge these transfers? Is it limited to the estate’s personal representative or can the heirs bring suit...KEEP READING

Family partnerships often face transition challenges when a partner dies. The surviving partners may reach settlement agreements to resolve partnership interests, but what happens when one party later tries to back out based on claims about the partnership’s condition? Can Texas courts still enforce these agreements? The Eleventh Court of Appeals recently considered the enforceability...KEEP READING

The sudden loss of a loved one is one of life’s most painful experiences. When that loss is compounded by legal complexities around the decedent’s marital status and estate, the situation becomes even more stressful for the grieving family. This is the difficult reality at the heart of the Texas probate case In re Williams,...KEEP READING

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...KEEP READING

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...KEEP READING

Finding a parent’s will tucked away in an old suitcase years after their death seems like a stroke of luck. The document provides clear instructions about property distribution and identifies beneficiaries. Family members might assume they can simply file the will with the court and proceed according to its terms. After all, better late than...KEEP READING

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...KEEP READING

Family members often monitor guardianship proceedings from a distance. They receive occasional updates about their loved one’s care. They might attend a hearing or two. They review court filings when they arrive in the mail. But they don’t formally oppose every motion or challenge every decision the guardian makes. Many assume they can always step...KEEP READING

Probate disputes often involve conflicting claims by family members. The claims can result from misunderstandings or even viewing the same facts from a different perspective. The claims can also come from outright theft and other wrongdoing. The outcome in these types of disputes can often come down to who has the burden of proof in...KEEP READING