When a person passes away, their will typically outlines the distribution of their estate. However, there may be instances where a will is declared invalid due to a variety of reasons such as lack of testamentary capacity, undue influence, or improper execution. When this occurs, the distribution of the decedent’s estate becomes a complex process....KEEP READING

A durable power of attorney is a standard estate planning document. It is a powerful legal document that grants an agent broad authority to act on behalf of the principal. Unfortunately, this type of document is often prone to fraud and abuse. The Gardner v. Majors, No. 10-21-00306-CV (Tex. Ct. App.–Waco 2023) case provides an...KEEP READING

Dealing with the loss of a loved one is never easy, and it can be even more challenging when there is no clear plan for their assets. In Texas, when someone passes away without a will, their assets are subject to the state’s intestacy laws. This means that the court will distribute the assets according...KEEP READING

Probate law can be complex and confusing, particularly when it comes to interpreting a testator’s intent. In Patrick v. Patrick, the Texas Court of Appeals considered the question of whether a testator’s beneficiaries should be responsible for paying estate taxes on non-probate assets. In this blog post, we’ll review the facts and procedural history of...KEEP READING

Scoby v. Sweatt, 28 Tex. 713 (1866) is a significant case in Texas probate law. The case involved a dispute between James Scoby (Plaintiff) and the executors of Edward Sweatt’s (Decedent) estate. The dispute centered on Decedent’s will, which did not give his children equal shares of his estate, contrary to the law of forced...KEEP READING

In Texas, informal marriage and intestate succession are two areas of law that can unexpectedly collide. An informal marriage is relatively easy to enter into, and if a person enters into an informal marriage prior to their passing, this can create an additional heir, leading to potential conflicts in an heirship proceeding. To avoid such...KEEP READING

Introduction: Will vs. Estate Planning Many people think that creating a last will and testament is all that is needed to protect their assets and ensure that their loved ones are taken care of after they pass away. However, a will is only a part of a comprehensive estate plan that can provide greater protection,...KEEP READING

Background John is seeking to contest his father William’s will after William passed away in November 2022 in Corpus Christi, Texas. William had executed a new will in April 2022, at the age of 89, which John believes was a result of undue influence by his brother and sister-in-law. Additionally, John claims that William had...KEEP READING

As our loved ones age, we want to ensure that they receive the best possible care and support. However, when a parent develops dementia, the legal and financial issues can be overwhelming. In Texas, the probate laws regulate the management of the assets and affairs of incapacitated persons, including those with dementia. In this article,...KEEP READING

If you’re looking for an estate planning lawyer in El Paso, it’s likely that you’re concerned about the future of your assets and your loved ones. Estate planning is an essential part of securing your financial legacy, and it’s crucial to have a legal professional on your side who can help you navigate the complexities...KEEP READING