Month

July 2022
11Texas probate breach of fiduciary duty
When someone names a family member as executor in their will, they place enormous trust in that person to handle their affairs after death. As part of their estate plan, that same family member often serves as attorney-in-fact under a power of attorney during the person’s lifetime. The attorney-in-fact manages finances, pays bills, and makes...
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11texas probate court jurisdiction
When an executor needs to recover $100,000 that a family member transferred from the deceased’s account before death, where should the lawsuit be filed? One might assume that such a large dollar amount automatically puts the case in district court. This is logical given typical jurisdictional limits that restrict county courts to smaller monetary disputes....
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11
Family disputes over estates sometimes lead people to make hasty decisions they later regret. A beneficiary caught in the middle of family conflict might disclaim their inheritance to restore peace. They sign documents waiving their rights to the estate. Later, when emotions settle, they realize they made a mistake and want to undo what they...
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11Excluded Evidence in a Jury Trial
A would-be executor or adminsitrator may not fully appreciate the complexities that can arise. Estate administration often involves discovering financial surprises that the deceased never anticipated. For example, a family member who steps into the role of executor or administrator for the estate may find outstanding debts or tax liabilities that complicate the distribution of...
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