Most people have heard of probate but don’t understand what it actually involves until a loved one dies and they face the responsibility of settling an estate. The term “probate” sounds intimidating and complicated. Movies and television shows depict probate as an expensive, lengthy ordeal that consumes estate assets in legal fees while families wait...KEEP READING

Estate planning attorneys draft wills carefully, reviewing every provision to ensure the document accomplishes the testator’s wishes. Yet even the most carefully prepared wills sometimes contain errors. A paragraph reference might be wrong. A bequest might refer to property the testator no longer owns. The will might describe a gift but fail to name a...KEEP READING

Probate and estate disputes can tear families apart. Siblings who grew up together stop speaking when disagreements arise about their parents’ property. Adult children accuse stepmothers of manipulating elderly fathers into changing wills. Executors face criticism from beneficiaries who question every decision about selling property or paying debts. These conflicts often lead to probate litigation...KEEP READING

Families who suspect their loved one lacked mental capacity when signing a will face a difficult challenge in probate court. The deceased might have struggled with dementia, taken strong medications, or shown confusion in the months before death. Medical records might document cognitive decline. Family members might recall troubling conversations. These facts seem to prove...KEEP READING

Adult children sometimes find themselves caught between respecting their elderly parent’s romantic relationship and protecting the parent from financial exploitation. The parent might be dating someone new who suddenly appears to control all financial decisions. Large sums of money disappear from accounts that sat stable for decades. The parent makes uncharacteristic purchases or loans significant...KEEP READING

Introduction: Should You Have a Texas Will? If you die without a will in Texas, your assets will go to your closest relatives according to state law. This may not be what you want. A will lets you decide who gets your assets when you die. A will is a legal document that says how...KEEP READING

A Texas Transfer on Death Deed is a way to transfer real property to someone else upon your death without going through probate. The deed must be properly signed and notarized, and it must be filed with the county clerk in the county where the property is located. What is a Texas Transfer on Death...KEEP READING

Probate law is a legal system that governs the estate of a deceased person. A will settlement is a legal process by which an estate is settled, usually after the death of the person who made the will. The process of settling a will can be complicated and can involve negotiations between family members over...KEEP READING

To file the probate application, one must first decide which court has jurisdiction and which court should handle the probate court. Once the court is selected, the next step is to submit the probate application. The Probate Application under Texas Estate Law After identifying the probate court that can hear the case, the next step...KEEP READING

A court must have jurisdiction to enter a valid, enforceable judgment on a claim. If there is a situation where jurisdiction is lacking, litigants, through various procedures, may retroactively challenge the validity of a judgment to potentially have it rendered void. Subject matter jurisdiction is one type of jurisdiction a court must have. It is...KEEP READING