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...KEEP READING

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...KEEP READING

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...KEEP READING

Estate planning can be a contentious issue, especially when it comes to siblings. A recent article in the Houston Chronicle highlights the story of a man whose parents had a complex estate plan that led to a lengthy legal battle between him and his siblings. The man’s parents had owned a successful business and had...KEEP READING

In Texas, as in other states, a testator – the person who made the will – must be of “sound mind” to make a valid will. This means that the testator must understand that he or she is making a will, knows the natural objects of his or her bounty, and understand the disposition he...KEEP READING

The “order of no administration” is one of the alternatives to a full probate. It is used when the estate has some assets, but the award of a family allowance would exceed the value of the assets. Since the family allowance is paid before nearly all other claims to the estate assets, there is no...KEEP READING

Introduction: Filing or Contesting a Will Texas Probate Court is the court in charge of handling the probate process for deceased persons who resided in Texas. This includes distributing their assets to heirs and resolving any debts or claims against the estate. The court also has jurisdiction over guardianship and conservatorship matters involving incapacitated adults...KEEP READING

Excluding Witness Testimony A court may exclude a witness testimony from a suit for several reasons. This exclusion will be upheld so long as the court did not abuse its discretion in doing so. What constitutes an abuse of discretion? Morrow v. H.E.B., Inc. discusses this. Probate Case Morrow v. H.E.B., Inc., 714 S.W.2d 297...KEEP READING

Introduction So, your property was condemned by the city’s eminent domain power. Now what? If this happened to you in Texas, you might be wondering if the land that is being taken is considered as one tract or not. Luckily, there’s an answer to this question. It turns out, if your land is divided into...KEEP READING

In Texas, it is not possible to make an affidavit based on belief alone. You must have knowledge of a fact in order for the affidavit to be valid under Texas law. To understand this better, let’s look at the 1996 case, Williams v. Bagley. Legal Terminology Texas Rules of Civil Procedure, Rule 682: No...KEEP READING