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
When a probate court enters a final judgment — say, authorizing a lender to foreclose on estate property — that decision is supposed to be the end of the road. But what happens when someone keeps filing new lawsuits, in different courts, trying to undo that same result? At what point does the legal system...KEEP READING
When a family member dies and leaves behind real property, heirs often assume they receive the property free and clear. The reality is more complicated. If the deceased person owed debts secured by that property—like a mortgage—those debts don’t simply disappear. They attach to the property itself and follow it to whoever inherits it. For...KEEP READING
Guardianship proceedings in Texas can become battlegrounds almost overnight. When a family is already divided over who should care for a vulnerable loved one, court orders restricting one parent’s participation can feel like attacks rather than protections. And when a parent believes the appointed guardian is failing the ward, the impulse to keep filing motions...KEEP READING
It can be challeging to be a guardian. The process can be time consuming and expensive. This is particularly true when the ward needs funds for their care, but the funds are not liquid. This raises questions as to whether a guardian can just sell illiquid assets to pay for the wards care expenses? What...KEEP READING
Guardian cases can go on for some time. But when a guardianship case gets dismissed, you would think that’s the end of it. The court closes the file. The parties move on. But what happens when the court continues issuing orders after dismissal? Can a probate court exercise authority over a proceeding that technically no...KEEP READING
Blended families are common across Texas. When a stepparent steps into a parental role and raises a child as their own, the emotional bonds formed can be just as strong as those between biological parents and children. However, Texas law draws a sharp distinction between stepchildren and legally adopted children when it comes to inheritance...KEEP READING
It can be difficult to care for elderly parents when they begin showing signs of cognitive decline. Families often try to manage their affairs. This may include getting appointed as the guardian of the parent. Before being appointed, there can be questions about whether the parent can still make major financial decisions. The stakes rise...KEEP READING
Most people assume a will has to be signed at the bottom of the last page containing the estate plan’s provisions. When a testator’s signature appears on a completely separate page, one containing no dispositive language, does the will fail to meet Texas’s execution requirements? This seemingly technical question can determine whether an entire estate...KEEP READING
As probate attorneys, we see a lot of wills that just don’t cut it. We see everything from wills that fail to name executors, that fail to mention anything about death or dying, that fail to have witness signatures, etc. While we get that folks like to save a few dollars and skip the estate...KEEP READING
