Texas law provides various alternatives to a full probate administration, such as a small estate affidavit, an affidavit of heirship, and a family settlement agreement. While each of these options has its own unique set of requirements and limitations, a family settlement agreement can be a particularly useful tool when certain circumstances are met due […]
The fiduciary-beneficiary relationship is one of trust. The fiduciary has a duty to act in the beneficiary’s best interest and must exercise a degree of care that a reasonable person would under similar circumstances. If the beneficiary believes that the fiduciary has breached this duty, can they challenge the fiduciary’s actions in court? The McLendon […]
A probate court appoints an attorney ad litem to represent unknown heirs in a heirship proceeding. The court later awards the attorney fees and terminates her representation in an appealable order. More than thirty days pass. When the attorney’s fee award is appealed, the probate court reappoints her to defend the appeal. An heir challenges […]
Someone dies. A family member signs a release agreement giving up their claims to the estate. Later, that same person discovers what they believe is a newer will naming them as the sole beneficiary. Can they ignore the release they signed and pursue their claim to the estate? This scenario plays out more often than […]
Most people know they should have a will. Financial advisors mention it. Friends who’ve lost parents talk about it. Articles pop up periodically reminding everyone that proper estate planning matters. Yet a surprising number of Texans never get around to creating one. Some assume their spouse or children will automatically inherit everything. Others figure they […]
Every year, thousands of Texas property owners execute transfer on death deeds with the best intentions. They sign the documents in front of notaries, have witnesses verify their signatures, and carefully store the deeds in safe places. These owners believe they’ve successfully arranged for their homes to pass directly to loved ones without the hassle […]
Estate administration becomes complicated when a surviving spouse seeks to designate property as exempt homestead under the Texas Estates Code. The spouse files an application to set aside both a rural homestead and personal property as exempt. The probate court holds a hearing but takes no sworn testimony. Instead, the court questions the attorneys and […]
When a loved one dies leaving a will, the family faces the task of settling the estate. Someone must gather the decedent’s assets, pay debts and taxes, and distribute property to beneficiaries. These tasks cannot be accomplished without legal authority. The personal representative named in the will has no power to act until a probate […]
Property disputes often arise when someone claims to be an heir of a deceased person who died many years earlier. The claimant asserts rights to real property based on alleged parentage. No probate estate was ever opened, so this isn’t technically a probate litigation case. No court has ever determined heirship. The property has changed […]
Disputes over estate administration often involve disagreements about how the independent executor manages the estate. There is quite a lot of probate litigation involving these issues. A beneficiary believes the executor is mishandling assets or making improper decisions. The beneficiary files suit to remove the executor. The executor hires attorneys to defend against the removal […]