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

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

The foreclosure process can be complex.  It can be even more complex when the person who takes out a mortgage dies and the property passes to their beneficiaries or heirs.   This can raise questions about the legal and financial responsibilities of both the inheritors of the property and the lender. Who is responsible for the...KEEP READING

Family members sometimes suspect a will was forged after a loved one dies. Perhaps the signature looks different from other documents the deceased signed. Maybe the person named as executor had the most to gain from the will’s provisions. The circumstances surrounding the will’s execution seem suspicious. These concerns lead family members to believe the...KEEP READING

The probate process involves settling the decedent’s financial obligations, paying debts and taxes, identifying and appraising assets, and distributing the remaining assets to the rightful beneficiaries or heirs.  This is a multifaceted process that involves a careful balance of probate laws, family relationships, beneficiary interests, and executor responsibilities.  One particularly crucial aspect of the probate...KEEP READING

The term “guardianship” refers to the court supervision of an incapacitated person. The court appoints a guardian and grants them legal authority to make personal and/or financial decisions for the incapacitated person.  This can be needed if, for example, the incapacitated person owes debts to others. This can be a lengthy process and it can...KEEP READING

Lifetime gifts of real estate generally pass outside of the probate process, as they pass prior to probate. However, these transfers are often not discovered until the death of the property owner. This is why these disputes are often part of the probate process. Probate disputes often involve disputes over property that was purportedly or...KEEP READING