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 […]
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. […]
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 […]
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 […]
In Texas, informal marriage and intestate succession are two areas of law that can unexpectedly collide. An informal marriage is relatively easy to enter into, and if a person enters into an informal marriage prior to their passing, this can create an additional heir, leading to potential conflicts in an heirship proceeding. To avoid such […]
If you’re looking for an estate planning lawyer in El Paso, it’s likely that you’re concerned about the future of your assets and your loved ones. Estate planning is an essential part of securing your financial legacy, and it’s crucial to have a legal professional on your side who can help you navigate the complexities […]
In the world of Texas probate law, attorneys play an essential role in advising clients on how to manage the affairs of a loved one who has passed away. Attorneys rely on the attorney-client privilege to maintain the confidentiality of communications with their clients, but this privilege is not absolute. There are several exceptions to […]
Losing a loved one is never easy, and the process of settling their estate can be complicated and emotionally taxing. This is especially true when disagreements arise between the beneficiaries of the estate. In this blog post, we will explore a case study of a common scenario faced by many families in Texas, and provide […]
In the legal world, disputes can arise over a variety of issues, and when two cases with similar subjects are filed, the question of jurisdiction often arises. This was the situation in the recent case of In re McGowan, No. 03-22-00726-CV, 2023 Tex. App. LEXIS 168 (Tex. App.—Austin January 11, 2023, original proceeding), which dealt […]
When a loved one is struggling with a serious medical condition such as dementia, it can be difficult to manage their affairs and make decisions on their behalf. In these cases, seeking legal guardianship can be a valuable solution. In Texas, it is possible for multiple individuals to be named co-guardians. In this article, we […]