When a parent dies with a modest estate and no will, Texas gives families a shortcut. Instead of opening a full administration, the heirs can file a small estate affidavit, get it approved by the probate court, and collect the property without anyone being appointed administrator. Often a few family members make it even simpler...KEEP READING
A parent dies and two pieces of paper show up, each claiming to be the last word on who gets what. One child produces a will signed years ago. Someone else produces a will signed shortly before the death. Both cannot be right, and the fight that follows is rarely about money alone. It is...KEEP READING
Family fights over real estate are some of the hardest cases we see. A parent dies, one child ends up with the land, and everyone else is left wondering how that happened. The suspicion is real and sometimes it is justified. But suspecting you were cheated and proving it in court are two very different...KEEP READING
Most people never think about what happens to a mortgage when the borrower dies. The house sits there. The payments stop. And someone—usually a grieving family member who has just been named executor—has to figure out what comes next. For anyone with an informal arrangement tied to that mortgage, the uncertainty can feel like a...KEEP READING
Disputes over real property in a Texas probate estate can move fast. An heir or interested party may rush to court for a temporary injunction to stop another claimant from damaging, encumbering, or demolishing property that may belong to the estate. The probate court grants the injunction. Relief secured. Or so it seems. Here is...KEEP READING
When a loved one passes away with outstanding debts, someone has to sort through the claims against the estate. Creditors have to follow specific steps to get paid, and the deadlines are strict. Miss a filing window by even one day, and a claim that might otherwise be completely valid can be permanently barred. What...KEEP READING
It can be difficult to care for elderly parents when they begin showing signs of cognitive decline. Families often try to manage their affairs. This may include getting appointed as the guardian of the parent. Before being appointed, there can be questions about whether the parent can still make major financial decisions. The stakes rise...KEEP READING
Say you find yourself in need of a guardianship attorney. You end up litigating an issue related to the guardianship. The court rules against you on some aspect of the case, and enters an order saying so. What rights do you have? Can you immediately appeal the order or do you have to wait until...KEEP READING
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
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
