When a family fight over trusts spills across state lines, you can end up with one court saying one thing and another court saying the opposite. A trustee who wins in one state will naturally want to use that win everywhere else. But a favorable judgment from another state’s court does not automatically erase a...KEEP READING
Mineral interests pass through Texas probate estates all the time, usually quietly and without a fight. But when the decedent picked up those minerals during marriage through a trade with a family member instead of a cash purchase, whether they were community or separate property stops being routine. The stakes are real. A community property...KEEP READING
Disputes over real property in a Texas probate estate can move fast. An heir or interested party may rush to court for a temporary injunction to stop another claimant from damaging, encumbering, or demolishing property that may belong to the estate. The probate court grants the injunction. Relief secured. Or so it seems. Here is...KEEP READING
When a grandparent steps in as both the executor of a child’s estate and the trustee of trusts set up for the grandchildren, family loyalty can blur what the law actually requires. A grandfather who pays for tuition, covers living expenses, and quietly handles the family’s money looks nothing like a wrongdoer. But the legal...KEEP READING
A contractor finishes building a home. The owner dies before paying the final draw. The contractor files a claim against the probate estate, the estate representative rejects it, and the contractor heads to court only to find the courthouse door locked. Not because the claim lacked merit, but because the suit was filed in the...KEEP READING
When a Texas homeowner dies and the mortgage is still outstanding, the debt does not die with the borrower. The lender’s right to foreclose does not die either. What changes is who owns the house. And under Texas law, ownership shifts the instant the homeowner takes her last breath — title passes by operation of...KEEP READING
A serious injury, a lawsuit, a summary judgment in your favor — and then the plaintiff passes away while the case is still grinding along. The estate steps in expecting to collect on what looks like a courtroom victory. Then the defendant’s insurer files its own lawsuit and says the judgment was wiped off the...KEEP READING
When a parent files for guardianship over an adult child with an intellectual disability, the hardest part is often the family conflict. One parent sees a vulnerable person who needs protection. The other sees a capable adult being unfairly restricted. When the medical experts disagree too, the probate court has to sort through conflicting evidence...KEEP READING
When someone dies with a mortgage, the lender usually has a clear path to foreclosure — the note, the deed of trust, proof of default. Simple enough. But when the borrower’s heirs inherit the property and the lender sues in federal court, procedural requirements can sink an otherwise airtight case. A bank can have the...KEEP READING
When a loved one passes away with outstanding debts, someone has to sort through the claims against the estate. Creditors have to follow specific steps to get paid, and the deadlines are strict. Miss a filing window by even one day, and a claim that might otherwise be completely valid can be permanently barred. What...KEEP READING
