When a will is contested in Texas, the scope of the executor’s authority is often disputed. Texas executors derive their authority solely from the will itself. However, competing heirs disagree on what powers the will actually grants. Critical issues like an executor’s ability to dispose of estate assets through sale or gift may hinge on...KEEP READING

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

Co-guardianships are complex arrangements that require careful management, especially when parents share responsibility for an incapacitated ward. Such arrangements involve a delicate balance of rights and responsibilities. However, disputes can arise, leading one parent to seek clarification and enforcement of the co-guardianship order, while the other parent proposes specific possession schedules. The In re Guardianship...KEEP READING

Finding a parent’s will tucked away in an old suitcase years after their death seems like a stroke of luck. The document provides clear instructions about property distribution and identifies beneficiaries. Family members might assume they can simply file the will with the court and proceed according to its terms. After all, better late than...KEEP READING

If someone dies in Texas and they left a handwritten written document that gives away their property on death, can that document be a valid will?  What if the person did not sign the will? The answer is often, “yes,” as Texas law allows for handwritten wills.  The courts will often admit the wills even...KEEP READING

Probate litigation often involves various motions filed by the parties. These include motions related to discovery requests, such as motions to compel and motions for protective orders. There are also motions to turn over property of the estate or to compel accountings by the executor.  One of the key challenges in probate cases is determining...KEEP READING

A will can provide that if someone challenges the will, they are disinherited. This is referred to as a “no-contest” or “in terrorem” clause. Texas law allows for the enforcement of no-contest clauses in wills.  No-contest clauses in wills are enforceable in Texas.  However, Texas courts have enforced these clauses narrowly to avoid unwarranted forfeitures....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

Having specific language and instructions in wills or estate plans can help distribute a decedent’s assets in accordance to their wishes. There may be cases where more than one beneficiary can lay claim to a decedent’s assets.  As San Antonio probate attorneys, we often see this when individuals feel they are entitled to the property or...KEEP READING

Family members often monitor guardianship proceedings from a distance. They receive occasional updates about their loved one’s care. They might attend a hearing or two. They review court filings when they arrive in the mail. But they don’t formally oppose every motion or challenge every decision the guardian makes. Many assume they can always step...KEEP READING