Disputes over real property in a Texas probate estate can move fast. An heir or interested party may rush to court for a temporary injunction to stop another claimant from damaging, encumbering, or demolishing property that may belong to the estate. The probate court grants the injunction. Relief secured. Or so it seems. Here is […]
The post When a Temporary Injunction…
When a grandparent steps in as both the executor of a child’s estate and the trustee of trusts set up for the grandchildren, family loyalty can blur what the law actually requires. A grandfather who pays for tuition, covers living expenses, and quietly handles the family’s money looks nothing like a wrongdoer. But the legal […]
The post When the Clock Already…
A contractor finishes building a home. The owner dies before paying the final draw. The contractor files a claim against the probate estate, the estate representative rejects it, and the contractor heads to court only to find the courthouse door locked. Not because the claim lacked merit, but because the suit was filed in the […]
The post When a Probate Claim…
When a Texas homeowner dies and the mortgage is still outstanding, the debt does not die with the borrower. The lender’s right to foreclose does not die either. What changes is who owns the house. And under Texas law, ownership shifts the instant the homeowner takes her last breath — title passes by operation of […]
The post Mortgage Foreclosure After Death:…
A serious injury, a lawsuit, a summary judgment in your favor — and then the plaintiff passes away while the case is still grinding along. The estate steps in expecting to collect on what looks like a courtroom victory. Then the defendant’s insurer files its own lawsuit and says the judgment was wiped off the […]
The post Interlocutory Judgments in Texas…
When a parent files for guardianship over an adult child with an intellectual disability, the hardest part is often the family conflict. One parent sees a vulnerable person who needs protection. The other sees a capable adult being unfairly restricted. When the medical experts disagree too, the probate court has to sort through conflicting evidence […]
The post When Disagreement Among Experts…
When someone dies with a mortgage, the lender usually has a clear path to foreclosure — the note, the deed of trust, proof of default. Simple enough. But when the borrower’s heirs inherit the property and the lender sues in federal court, procedural requirements can sink an otherwise airtight case. A bank can have the […]
The post When Technical Requirements Derail…
When a loved one passes away with outstanding debts, someone has to sort through the claims against the estate. Creditors have to follow specific steps to get paid, and the deadlines are strict. Miss a filing window by even one day, and a claim that might otherwise be completely valid can be permanently barred. What […]
The post Miss the 90-Day Deadline…
When a probate court enters a final judgment — say, authorizing a lender to foreclose on estate property — that decision is supposed to be the end of the road. But what happens when someone keeps filing new lawsuits, in different courts, trying to undo that same result? At what point does the legal system […]
The post When Res Judicata Blocks…
When a family member dies and leaves behind real property, heirs often assume they receive the property free and clear. The reality is more complicated. If the deceased person owed debts secured by that property—like a mortgage—those debts don’t simply disappear. They attach to the property itself and follow it to whoever inherits it. For […]
The post When Property Debts Follow…
