The Texas legislature created business courts to handle litigation cases involving business matters. The jurisdiction and scope of cases the courts can hear has not been fully fleshed out yet. Since many probate estates and trusts include family-controlled partnerships and LLCs, this begs the question as to whether these disputes should be litigated in probate...KEEP READING

Property disputes among siblings after parents pass away are common. One brother wants to sell. Another wants to keep the family land. A third argues everyone should get equal value regardless of which parcel they receive. These conflicts often result in litigation when the property has unequal features—maybe one section has road frontage or commercial...KEEP READING

Married couples often rely on bank or brokerage representatives to handle the paperwork when they set up their accounts. The spouses may sign forms and then discuss the types of accounts or authorizations after they have already signed the forms. This begs the question as sto what happens when there is evidence that boxes on...KEEP READING

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...KEEP READING

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...KEEP READING

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,...KEEP READING

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...KEEP READING

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...KEEP READING

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...KEEP READING

A married couple has five children and owns a family ranch for nearly seventy years. When the husband dies first, he wants his wife to be able to continue operating the ranch while also providing for their children’s eventual inheritance. His will uses the phrase “for her natural life” – language that seems to clearly...KEEP READING