Category

Probate
Lifetime transgressions can and do often come to a head when someone dies.  This can include a variety of family issues, including those that some may consider taboo. Take the example of where an uncle purports to marry his niece.  Texas law does not allow such a marriage, but, apparently, some jurisdictions do.  What happens...
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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,...
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What happens if someone enters into a contract to sell property, but there is evidence that they have some mental capacity issues?  What if the mental capacity issues are serious, like dementia, and they are so significant that they warrant the appointment of a guardian shortly after the contracts are entered into?  Are the contracts...
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If you are expecting a legal problem, you may take steps to move property to others.  This may include buying property in the name of a third party.   Take for instance a pending divorce or demand letter for a lawsuit that you might lose.  Or maybe it is an unpaid IRS debt that continues to...
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The statistics show that fewer and fewer people are getting married.  It is much more common for those who are in a relationship to simply forego the legal or formal process to get married.  This can have a number of unforeseen consequences. Take the case of a couple who held themselves out as being married...
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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...
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The foreclosure process can be complex.  It can be even more complex when the person who takes out a mortgage dies and the property passes to their beneficiaries or heirs.   This can raise questions about the legal and financial responsibilities of both the inheritors of the property and the lender. Who is responsible for the...
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The term “guardianship” refers to the court supervision of an incapacitated person. The court appoints a guardian and grants them legal authority to make personal and/or financial decisions for the incapacitated person.  This can be needed if, for example, the incapacitated person owes debts to others. This can be a lengthy process and it can...
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Lifetime gifts of real estate generally pass outside of the probate process, as they pass prior to probate. However, these transfers are often not discovered until the death of the property owner. This is why these disputes are often part of the probate process. Probate disputes often involve disputes over property that was purportedly or...
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In Texas, the outcome of a will contest case does not always determine who will receive an award of attorney’s fees. In fact, even the winning party may not be fully reimbursed for their legal expenses. This is because the law governing attorney’s fees in will contest cases is nuanced and can vary depending on...
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