When a person passes away, their will typically outlines the distribution of their estate. However, there may be instances where a will is declared invalid due to a variety of reasons such as lack of testamentary capacity, undue influence, or improper execution. When this occurs, the distribution of the decedent’s estate becomes a complex process....KEEP READING
A durable power of attorney is a standard estate planning document. It is a powerful legal document that grants an agent broad authority to act on behalf of the principal. Unfortunately, this type of document is often prone to fraud and abuse. The Gardner v. Majors, No. 10-21-00306-CV (Tex. Ct. App.–Waco 2023) case provides an...KEEP READING
Scoby v. Sweatt, 28 Tex. 713 (1866) is a significant case in Texas probate law. The case involved a dispute between James Scoby (Plaintiff) and the executors of Edward Sweatt’s (Decedent) estate. The dispute centered on Decedent’s will, which did not give his children equal shares of his estate, contrary to the law of forced...KEEP READING
As our loved ones age, we want to ensure that they receive the best possible care and support. However, when a parent develops dementia, the legal and financial issues can be overwhelming. In Texas, the probate laws regulate the management of the assets and affairs of incapacitated persons, including those with dementia. In this article,...KEEP READING
Here is a Case Study from our firm’s files on Texas probate law. All information has been sanitized. Background Information Mr. Smith’s wife passed away from stage 4 cancer. She was retired military and receiving disability benefits from the Veterans Administration. Mrs. Smith had no will, and some checks made out to her estate have...KEEP READING
The rise in the aging population has resulted in an increase of deceased borrowers in Texas, leaving behind a complicated situation for both their families and mortgage lenders. The mortgage loan becomes due and payable in full, even if the estate cannot cover the remaining balance. This can lead to probate proceedings and a struggle...KEEP READING
Administering an estate in Texas can be a complex and sometimes daunting task. Depending on the size of the estate, it can take months or even years to complete. To help simplify the process, here are four steps that you should follow when administering an estate in Texas. From filing the necessary documents to taking...KEEP READING
We tried to imagine how the late American novelist, Tom Wolfe, would describe the sometimes dry topic of Texas Probate Law. Let us know how we did. The Grand Texas Probate Drama Ah, probate – the grand Texas drama that unfolds when a dear soul departs this earthly plane. It’s the process of settling a...KEEP READING
The passing of a loved one can be a difficult time, and the responsibilities of being an executor of their estate can add additional stress. In Texas, if you have been named as the executor of a deceased person’s estate, it is important to understand the legal requirements, including the potential requirement to file a...KEEP READING
Probate is the legal process of distributing a deceased person’s assets to their beneficiaries. It can be a confusing and stressful time for beneficiaries, especially if the executor of the estate is not communicating or acting in their best interest. This blog post will explore a case study of a beneficiary seeking assets from their...KEEP READING
