In specialized Texas probate proceedings, courts at times order one party to pay the other party’s attorney fees. However, specific statutes, rules, or case law must permit fee-shifting, and sufficient evidence must support the amount awarded. The Mortensen v. Villegas, 630 S.W.3d 355 (Tex. App. – El Paso [8th Dist.] 2021) case explores the standards...KEEP READING
The death of an incapacitated ward does not immediately end a guardianship or a guardianship proceeding. Texas law requires the settlement of a guardianship after a ward’s death, which may involve resolving pending reimbursement claims, fee requests, accountings, and other unfinished business. The In re Semrad, No. 01-21-00491-CV (Tex. App.–Houston [1st. Dist.] 2023) case provides...KEEP READING
What happens if you are not married but have a child with someone, and then you die when the child is a minor? To further complicate it, let’s assume you do not have a will. Who has the right to serve as the personal representative of your estate? If you are survived by your mother,...KEEP READING
In the world of estate planning and probate, wills are crucial legal documents that ensure a person’s final wishes are carried out as intended. There are many types of wills, including holographic will. According to Section 251.051 of the Texas Estates Code, a holographic will is a will entirely handwritten by the testator (the person...KEEP READING
Probate law can be complex and confusing, particularly when it comes to interpreting a testator’s intent. In Patrick v. Patrick, the Texas Court of Appeals considered the question of whether a testator’s beneficiaries should be responsible for paying estate taxes on non-probate assets. In this blog post, we’ll review the facts and procedural history of...KEEP READING
Background John is seeking to contest his father William’s will after William passed away in November 2022 in Corpus Christi, Texas. William had executed a new will in April 2022, at the age of 89, which John believes was a result of undue influence by his brother and sister-in-law. Additionally, John claims that William had...KEEP READING
When a loved one passes away, the probate process can be overwhelming and confusing, particularly if there are disputes over the distribution of assets or the appointment of an executor. In this blog article, we will explore a case study that highlights the legal issues that can arise during the probate process in Texas, especially...KEEP READING
When a loved one enters a nursing home for long-term care, it can be a difficult and confusing time for their family. In some cases, the nursing home may require a guardian to be appointed to make decisions on behalf of the person receiving care. But what happens when none of the family members want...KEEP READING
Probate is an important but complex process, and it can be a difficult thing to navigate. That’s especially true if you’re unfamiliar with the laws in Texas, where the probate rules can differ significantly from those of other states. If you’re looking to learn more about the Texas probate process, this blog post is for...KEEP READING
In a world where loved ones are plagued by the cruel afflictions of the mind, such as dementia, it can be a heavy weight to bear the responsibility of their care. But there is solace to be found in the courts of Texas, where multiple individuals can be named as co-guardians, sharing in the burden...KEEP READING
