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....KEEP READING

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...KEEP READING

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...KEEP READING

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...KEEP READING

Lifetime transgressions can and do often come to a head when someone dies.  This can include a variety of family issues, including those that some may consider taboo. Take the example of where an uncle purports to marry his niece.  Texas law does not allow such a marriage, but, apparently, some jurisdictions do.  What happens...KEEP READING

What happens if you are not married but have a child with someone, and then you die when the child is a minor?  To further complicate it, let’s assume you do not have a will.  Who has the right to serve as the personal representative of your estate?   If you are survived by your mother,...KEEP READING

What happens if someone enters into a contract to sell property, but there is evidence that they have some mental capacity issues?  What if the mental capacity issues are serious, like dementia, and they are so significant that they warrant the appointment of a guardian shortly after the contracts are entered into?  Are the contracts...KEEP READING

If you are expecting a legal problem, you may take steps to move property to others.  This may include buying property in the name of a third party.   Take for instance a pending divorce or demand letter for a lawsuit that you might lose.  Or maybe it is an unpaid IRS debt that continues to...KEEP READING

The statistics show that fewer and fewer people are getting married.  It is much more common for those who are in a relationship to simply forego the legal or formal process to get married.  This can have a number of unforeseen consequences. Take the case of a couple who held themselves out as being married...KEEP READING

In the world of estate planning and probate, wills are crucial legal documents that ensure a person’s final wishes are carried out as intended. There are many types of wills, including holographic will.  According to Section 251.051 of the Texas Estates Code, a holographic will is a will entirely handwritten by the testator (the person...KEEP READING