Guardian cases can go on for some time. But when a guardianship case gets dismissed, you would think that’s the end of it. The court closes the file. The parties move on. But what happens when the court continues issuing orders after dismissal? Can a probate court exercise authority over a proceeding that technically no […]
The post Can a Texas Probate…
Blended families are common across Texas. When a stepparent steps into a parental role and raises a child as their own, the emotional bonds formed can be just as strong as those between biological parents and children. However, Texas law draws a sharp distinction between stepchildren and legally adopted children when it comes to inheritance […]
The post Proving Equitable Adoption in…
It can be difficult to care for elderly parents when they begin showing signs of cognitive decline. Families often try to manage their affairs. This may include getting appointed as the guardian of the parent. Before being appointed, there can be questions about whether the parent can still make major financial decisions. The stakes rise […]
The post Mental Capacity & Property…
Most people assume a will has to be signed at the bottom of the last page containing the estate plan’s provisions. When a testator’s signature appears on a completely separate page, one containing no dispositive language, does the will fail to meet Texas’s execution requirements? This seemingly technical question can determine whether an entire estate […]
The post Can a Signature on…
As probate attorneys, we see a lot of wills that just don’t cut it. We see everything from wills that fail to name executors, that fail to mention anything about death or dying, that fail to have witness signatures, etc. While we get that folks like to save a few dollars and skip the estate […]
The post Provision in a Will…
Say you find yourself in need of a guardianship attorney. You end up litigating an issue related to the guardianship. The court rules against you on some aspect of the case, and enters an order saying so. What rights do you have? Can you immediately appeal the order or do you have to wait until […]
The post When are Court’s Orders…
When someone owns an LLC that owns assets, can the person give the LLC-owned assets away via their will or estate plan? While many know that they can give away their LLC interest by will, some may not know that they cannot give away LLC assets. This confusion often comes up as it isn’t aways […]
The post Can You Transfer of…
When an elderly person develops dementia or another condition that renders them mentally incapacitated, family members often step in as guardians to manage their affairs. The guardian pays bills, manages property, and makes healthcare decisions. But what happens when the incapacitated person is married, and family members believe the marriage should end? Can a guardian […]
The post Can an Appointed Guardianship…
When a loved one dies, leaving behind multiple wills executed over many years, family members who believe they should inherit often face a threshold question: do they even have standing to challenge the most recent will? The answer is complicated when an older, self-proved will exists that would control even if the newest will is […]
The post Standing in a Texas…
Family disputes over estates often involve multiple fronts of litigation. A will contest might accompany challenges to beneficiary designations. Claims of undue influence might target both probate and non-probate assets. When the dust settles and the jury delivers a mixed verdict, upholding the will but invalidating an IRA designation, who pays the legal bills? This […]
The post Does Partial Victory in…
