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If an executor is appointed to administer a probate estate in Texas, can they be disqualified from serving if they had a joint checking account with the decedent during the decedent’s lifetime? This is a common fact pattern. It is common to set up joint bank accounts as part of an estate plan, so that...
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Probate proceedings in Texas often feature multiple complex stages and interim rulings before finality is reached. This multi-phase process aims to fully and fairly administer estates, but it also creates potential complications when it comes to appealing orders issued along the way. Since appellate courts want to discourage piecemeal appeals before probate completion, only certain...
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When a will is contested in Texas, the scope of the executor’s authority is often disputed. Texas executors derive their authority solely from the will itself. However, competing heirs disagree on what powers the will actually grants. Critical issues like an executor’s ability to dispose of estate assets through sale or gift may hinge on...
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In specialized Texas probate proceedings, courts at times order one party to pay the other party’s attorney fees. However, specific statutes, rules, or case law must permit fee-shifting, and sufficient evidence must support the amount awarded. The Mortensen v. Villegas, 630 S.W.3d 355 (Tex. App. – El Paso [8th Dist.] 2021) case explores the standards...
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Co-guardianships are complex arrangements that require careful management, especially when parents share responsibility for an incapacitated ward. Such arrangements involve a delicate balance of rights and responsibilities. However, disputes can arise, leading one parent to seek clarification and enforcement of the co-guardianship order, while the other parent proposes specific possession schedules. The In re Guardianship...
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Probate litigation often involves various motions filed by the parties. These include motions related to discovery requests, such as motions to compel and motions for protective orders. There are also motions to turn over property of the estate or to compel accountings by the executor.  One of the key challenges in probate cases is determining...
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A will can provide that if someone challenges the will, they are disinherited. This is referred to as a “no-contest” or “in terrorem” clause. Texas law allows for the enforcement of no-contest clauses in wills.  No-contest clauses in wills are enforceable in Texas.  However, Texas courts have enforced these clauses narrowly to avoid unwarranted forfeitures....
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The death of an incapacitated ward does not immediately end a guardianship or a guardianship proceeding. Texas law requires the settlement of a guardianship after a ward’s death, which may involve resolving pending reimbursement claims, fee requests, accountings, and other unfinished business.  The In re Semrad, No. 01-21-00491-CV (Tex. App.–Houston [1st. Dist.] 2023) case provides...
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Having specific language and instructions in wills or estate plans can help distribute a decedent’s assets in accordance to their wishes. There may be cases where more than one beneficiary can lay claim to a decedent’s assets.  As San Antonio probate attorneys, we often see this when individuals feel they are entitled to the property or...
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If someone dies and has a mortgage, can the bank foreclose and sell the property to pay off the mortgage?  This is a common situation that arises and question that we get, as Houston probate attorneys.   The short answer is that, yes, the bank can foreclose, but the heirs are not without remedies.  There are...
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