Will contests often focus on questions about whether the person who executed the will had the mental capacity required to execute the will. These post-death legal disputes can be particularly contentious. They delve into the life circumstances and affairs of the deceased. Facts matter in these cases. This raises questions as to what facts matter?…Continue...KEEP READING

As the world around us increasingly returns to “normal”, many people assume that we have put the COVID-19 pandemic behind us. Unfortunately, that is not necessarily the case. With the new Delta variant, it is important to remember that this virus must be taken seriously. Although vaccine availability is higher than ever, Bexar County is…Continue...KEEP READING

What if a loved one executes a will based on a faulty assumption? What if you can prove the error? For example, what if a loved one fails to include a family member in their will because they mistakenly believe that family member is already provided for outside of the will? Can the omitted family...KEEP READING

Texas has a formal probate and guardianship process. This process typically involves filing numerous legal papers with the clerk. It includes applications, various motions, and, eventually, inventories. These legal papers can include incorrect information. This includes information that is wrong due to errors. It can also include intentionally omitted or inaccurate information. This can be…Continue...KEEP READING

What do you do if you lost the original copy of a Will or you cannot find the original?  What if you can find a copy of the Will?  Can you probate a copy of the Will?  If you can probate a copy of the Will, how do you go about probating a copy of…Continue...KEEP READING

While most people were happily celebrating Memorial Day, others found their revelry halted by violence. The Houston area had a particularly grizzly weekend. As of Tuesday, 10 people were killed over the holiday.  On Monday night, a gunman opened fire in a Houston nightclub killing one and injuring two others. Shortly thereafter, the gunman was…Continue...KEEP READING

On the first of this month, a shining star left this earth. Olympia Dukakis, perhaps best known for her roles in “Moonstruck” and “Steel Magnolias”, passed away at the age of 89. Dukakis was known for her sharp, witty, and hilarious character work. In her long, successful career she brought dynamic roles to life and…Continue...KEEP READING

It is generally common knowledge that, in America, citizens have the right to represent themselves in court. So if you are an executor for a will, it makes sense to think that you might not need to hire an attorney. However, this is not necessarily true. When probating a will, the estate and the executor…Continue...KEEP READING

Muniment of title is an alternative to the probate process in Texas. It is cost-efficient.  It is fast–relatively speaking. A Will is required. Instead of appointing you as the executor, the probate court enters an order distributing property according to the Will. And walla! But what if the story does not end there? What if…Continue...KEEP READING

The “too good to be true” lease. It’s the month-to-month lease agreement for a friend. It’s the lease that charges below-market rent. What happens to the real estate subject to this type of lease when the owner dies? What should you do if you are the personal representative and this property is part of the…Continue...KEEP READING