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

Probate and estate disputes can tear families apart. Siblings who grew up together stop speaking when disagreements arise about their parents’ property. Adult children accuse stepmothers of manipulating elderly fathers into changing wills. Executors face criticism from beneficiaries who question every decision about selling property or paying debts. These conflicts often lead to probate litigation...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

Probate law can be complex, particularly when a loved one passes away without leaving a will. In this case study, we explore the legal process for probating an estate without a will. We also consider the challenges that arise when the family members live in another state and provide practical advice on how to navigate...KEEP READING

Families who suspect their loved one lacked mental capacity when signing a will face a difficult challenge in probate court. The deceased might have struggled with dementia, taken strong medications, or shown confusion in the months before death. Medical records might document cognitive decline. Family members might recall troubling conversations. These facts seem to prove...KEEP READING