Category

Probate
Those who possess a will for a decedent often just file the will for probate, with little thought to others who may want or even be entitled to notice. For example, a son might file paperwork to probate his father’s will and gets himself appointed as the executor. Months later, the decedent’s other children might...
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A family member signs over her home to a grandchild. Weeks later, she’s declared legally incapacitated. The family questions whether she truly understood what she was doing when she signed. But here’s the challenge: nobody performed a mental evaluation on the exact day she signed the deed. Does that mean the deed stands? This scenario...
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Family property disputes often take an unexpected turn when siblings inherit land together. One sibling decides to sell their share to an outside buyer. The remaining family members watch helplessly as a stranger becomes their new co-owner in property that has been in the family for generations. The situation becomes even more complicated when the...
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When someone dies owing you money secured by real property, you face important choices about how to collect. You hold a lien on the property itself. But what if the property doesn’t sell for enough to cover the full debt plus all accrued interest, late fees, and attorney’s fees? Can you pursue the estate for...
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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...
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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...
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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...
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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...
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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...
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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,...
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