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

Lady Bird Deeds are a popular estate planning tool in Texas that allow property owners to retain a life estate while transferring their property to a designated beneficiary upon death.  The key benefit is that they can be revoked if situations or desires change.  But what about joint Lady Bird Deeds executed by both spouses? ...KEEP READING

When it comes to Texas probate, there are some common disputes that can be exceedingly difficult to navigate. One of these is the situation when an executor is obligated to sell real estate and distribute the proceeds to more than one beneficiary, but he or she cannot do so as there is someone living in...KEEP READING

When you make a filing with the courts or enter an appearance, you are subjecting yourself to the rules of the court.  Litigation is a serious matter.  It has real-world consequences, like sanctions, which can be very serious. The courts have a number of laws and rules at their disposal to ensure that the parties...KEEP READING

Family members sometimes suspect a will was forged after a loved one dies. Perhaps the signature looks different from other documents the deceased signed. Maybe the person named as executor had the most to gain from the will’s provisions. The circumstances surrounding the will’s execution seem suspicious. These concerns lead family members to believe the...KEEP READING

The probate process involves settling the decedent’s financial obligations, paying debts and taxes, identifying and appraising assets, and distributing the remaining assets to the rightful beneficiaries or heirs.  This is a multifaceted process that involves a careful balance of probate laws, family relationships, beneficiary interests, and executor responsibilities.  One particularly crucial aspect of the probate...KEEP READING

Most people have heard of probate but don’t understand what it actually involves until a loved one dies and they face the responsibility of settling an estate. The term “probate” sounds intimidating and complicated. Movies and television shows depict probate as an expensive, lengthy ordeal that consumes estate assets in legal fees while families wait...KEEP READING

Estate planning attorneys draft wills carefully, reviewing every provision to ensure the document accomplishes the testator’s wishes. Yet even the most carefully prepared wills sometimes contain errors. A paragraph reference might be wrong. A bequest might refer to property the testator no longer owns. The will might describe a gift but fail to name a...KEEP READING