Probate disputes often involve conflicting claims by family members. The claims can result from misunderstandings or even viewing the same facts from a different perspective. The claims can also come from outright theft and other wrongdoing. The outcome in these types of disputes can often come down to who has the burden of proof in...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

Lady Bird Deeds are a popular estate planning tool in Texas that allow property owners to retain a life estate while transferring their property to a designated beneficiary upon death.  The key benefit is that they can be revoked if situations or desires change.  But what about joint Lady Bird Deeds executed by both spouses? ...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

When it comes to Texas probate, there are some common disputes that can be exceedingly difficult to navigate. One of these is the situation when an executor is obligated to sell real estate and distribute the proceeds to more than one beneficiary, but he or she cannot do so as there is someone living in...KEEP READING

When you make a filing with the courts or enter an appearance, you are subjecting yourself to the rules of the court.  Litigation is a serious matter.  It has real-world consequences, like sanctions, which can be very serious. The courts have a number of laws and rules at their disposal to ensure that the parties...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