Picture a loved one in the final hours of her life. Someone close to her someone she trusted enough to name as her agent under a durable power of attorney rushes to change the beneficiary on her annuity. The paperwork gets faxed. The power of attorney gets attached. On the surface it looks like a […]
Blended families carry complicated histories into probate. When a parent leaves a will that treats children differently, or leaves one child out entirely, the stage is set for a fight. The child who received nothing has every reason to challenge the will. The real question is whether that challenge has legal teeth or just reflects […]
Picture this: a mother pays off a house over decades, lives in it, maintains it, and raises her family there, all while the original buyer’s name sits in the county property records. Then, years later, that original buyer files for bankruptcy and claims the house as her homestead exemption. What felt like a settled family […]
A disinheritance clause in a witnessed and notarized Texas will carries real weight. So when someone shows up in probate court claiming to be a biological child born outside of marriage and says the will was forged, the question is not just whether they can file the contest. It is whether they have any credible […]
A serious injury, a lawsuit, a summary judgment in your favor — and then the plaintiff passes away while the case is still grinding along. The estate steps in expecting to collect on what looks like a courtroom victory. Then the defendant’s insurer files its own lawsuit and says the judgment was wiped off the […]
It can be challeging to be a guardian. The process can be time consuming and expensive. This is particularly true when the ward needs funds for their care, but the funds are not liquid. This raises questions as to whether a guardian can just sell illiquid assets to pay for the wards care expenses? What […]
Family disputes over estates often involve multiple fronts of litigation. A will contest might accompany challenges to beneficiary designations. Claims of undue influence might target both probate and non-probate assets. When the dust settles and the jury delivers a mixed verdict, upholding the will but invalidating an IRA designation, who pays the legal bills? This […]
Payable-on-death (“POD”) accounts pass directly to named beneficiaries upon death through the contract with the financial institution. Probate court would seem the natural fit when disputes arise over who validly changed those designations. When someone dies, leaving bank accounts behind, family members typically expect the probate court to oversee the distribution of the funds. But […]
Blended families face unique challenges when a loved one dies without a will in Texas. Step-parents, step-children, and biological children have to navigate complex inheritance rules that depend heavily on family relationships. The stakes can be very higher when community property is involved. Distribution of community property can shift between a surviving spouse and children […]
Finding a parent’s will tucked away in an old suitcase years after their death seems like a stroke of luck. The document provides clear instructions about property distribution and identifies beneficiaries. Family members might assume they can simply file the will with the court and proceed according to its terms. After all, better late than […]