Wards who are in guardianships often receive social security benefits. These monthly payments are an important source of income that helps pay for the ward’s care, medical expenses, and daily needs. Questions arise about who should receive these benefits, who controls how they’re spent, and who must account for them to the court when there […]
When someone dies owning property in Texas, their heirs often face a practical problem. The county deed records show a deed to their deceased relative from decades ago. However, nothing in those records traces the property forward to the current generation. Many families assume they can bridge this gap by preparing an affidavit of heirship […]
A parent opens a brokerage account in their name and their adult child’s name. The parent deposits stock worth thousands of dollars into the account. The stock skyrockets in value and the parent sells it for millions. Years later, after the parent’s death, the child claims half the stock was a gift. The estate argues […]
A father executes a will leaving specific parcels of land to his children from a prior marriage. Over the following years, he exchanges those parcels with his sons through various property transactions. When he dies without updating his will, a dispute erupts. Do the children receive the land the father owned at his death, or […]
A bank holds a deed of trust on a homeowner’s property. The homeowner files suit to quiet title after the statute of limitations expires on the bank’s foreclosure rights. The homeowner serves the bank by serving the Texas Secretary of State under provisions governing foreign corporate fiduciaries. The bank never receives the citation because it […]
A plane crash in Texas kills two people. One victim’s widow seeks to file a wrongful death claim against the other victim’s estate. The statute of limitations is about to expire. However, no probate administration has been started in Texas to provide someone who can accept service of process. The decedent was a California resident, […]
An administrator fails to distribute estate funds as ordered by the probate court. The beneficiary obtains a judgment for statutory penalties against the administrator under Section 360.301 of the Texas Estates Code. The beneficiary then sues the administrator’s surety company to collect on the bond. The surety moves for summary judgment, arguing the statute does […]
An individual works for over twenty years. Before he marries, he designates his sister as the beneficiary of his retirement plan death benefits. Years later, he marries but never changes the beneficiary designation. When he dies, his widow claims she is entitled to a portion of the retirement benefits as community property. His sister argues […]
A woman dies leaving a will that creates two trusts. She gives her husband a testamentary power to appoint the property in his trust to his estate upon his death. If he fails to exercise the power, the property passes to their daughter’s trust. Years later, the husband dies. His will contains a general statement […]
A family member dies leaving a will but minimal debts. The heirs need to transfer title to real property and other assets but want to avoid the time and expense of a full probate administration. The estate has no creditor claims that require payment and no need for court supervision. The heirs wonder whether they […]