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Surviving Spouse Claims Interest in Husband’s Family Business

When someone marries into a family that owns and operates a business, there can be questions as to whether the new spouse has any rights or claims to the family business. Imagine the scenario where parents create a business and gift shares to their child. Their child then gets married. The couple is married for […]

Is a Signature on Page Attached to a Will Valid?

When a loved one passes away in Texas, their will typically undergoes routine probate proceedings. Most wills follow a predictable format—several pages of bequests and instructions, concluding with a signature line where the testator signs above their printed name, followed by witness signatures. But what happens when the testator’s signature appears somewhere unexpected, perhaps on […]

Attorneys Fees for Will Contests: The Good Faith Requirement

When a parent passes away leaving behind a blended family, the stage is often set for conflict. Children from different marriages may have vastly different relationships with the deceased parent, and estate planning documents sometimes reflect these complicated dynamics. Now imagine discovering that your mother’s will explicitly excludes you while including your siblings and step-siblings, […]

Terms in Will for Older Trusts Controlled, Property did not Pass to Newer Trusts

When a loved one passes away, their carefully crafted estate plan should provide clear direction for distributing their assets. But what happens when the beneficiaries named in a will no longer exist by the time of death? This seemingly straightforward question becomes complex when dealing with trusts that terminated decades before the testator’s passing, yet […]

When Can Probate Litigation be Dismissed Under Anti-SLAPP Laws?

A mixed family and a late marriage are often ingredients for a probate dispute. This is especially true when there are signs of mental decline and the new spouse appeared and quickly became the primary beneficiary. When these red flags combine with a will that dramatically changes long-standing estate plans, surviving family members face a […]

Probate Litigation Turns Loan Into Free Use of Loan Proceeds and Decades of Free Housing

When someone dies owing substantial debts, their passing doesn’t eliminate those obligations. Instead, the debts follow them into probate court. The creditors have to pursue collection through estate administration procedures. This is why and how probate courts handle far more than just will contests and asset distributions. They can be the final battleground for unresolved […]

Do Subsidiary Bequests Include Parent Entity Ownership of the Same Sub?

You own several LLC interests. Some are owned outright. Some are owned by other LLC’s that you own. There are valid reasons for this, from asset protection to estate planning. But then you die. Then the survivors read your will. And guess what? You either forgot to update the will for changes you made when […]

The Partition Action is a Remedy to Request in Probate Administrations, Not a Right

Family disputes during probate administration often escalate when siblings disagree about what should happen to the family property. One child may want to keep the homestead in the family, while another sees it as an unproductive burden that should be sold. These conflicts become even more complex when a court has already removed the family […]

When Wills Disappear: The Presumption of Revocation in Texas

Elderly adults often become targets for theft by the very people hired to help them. Caregivers gain access to homes and personal belongings. They steal money and valuables. Important documents like wills often vanish during these thefts. The documents may be destroyed accidentally or lost in the chaos that follows systematic exploitation. It can create […]