Death creates an immediate freeze on a debtor’s obligations. Creditors who held enforceable claims against the living person must now navigate the probate system to collect what they’re owed. The process requires following specific procedures within strict timeframes. Missing a deadline or failing to check the right box can transform a valid debt into an...KEEP READING
Family disputes over inherited property often begin with incomplete information. Someone dies intestate. A surviving relative prepares an affidavit of heirship listing who inherited the property. That affidavit gets filed in the real property records. Years pass. The property changes hands. Then another heir surfaces—someone who was left off the original affidavit—and claims an ownership...KEEP READING
Estate planning often feels like just another item on life’s to-do list. People meet with attorneys, sign documents, and assume everything is properly handled. The lawyer witnessed it. The notary stamped it. The documents go into a drawer or safe deposit box. Years later, when someone dies, the family discovers that a small technical error...KEEP READING
When someone agrees to serve as executor of a loved one’s estate, they usually expect some paperwork and a few decisions about distributing assets. Most people don’t anticipate that years later they could lose their position, forfeit substantial compensation, and face allegations of serious misconduct. The role carries significant responsibilities that extend far beyond simply...KEEP READING
A car collision leads to a personal injury lawsuit. The case proceeds to trial. The defendant’s attorney wants to introduce certain medical records that federal law protects. The court excludes the records before trial begins. The attorney proceeds anyway. Over the course of two weeks, he references the excluded records thirty-eight times. He criticizes the...KEEP READING
What happens if someone leaves a will based on a mistaken understanding about something outside of the will? For example, a surviving spouse that assumes that the deceased spouse left a will when the deceased spouse did not–then the surviving spouse dies. Can the surviving spouse’s will be challenged and set aside based on the...KEEP READING
A caregiver provides services to an elderly woman for over a year. After the woman dies, the caregiver presents claims to the woman’s daughter, who serves as independent executrix of the estate. The daughter ignores the claims. The caregiver waits nearly a year before filing suit to recover payment for her services. Under the Texas...KEEP READING
The law sets a four year time period to probate a will. This rule has been the subject of quite a few probate disputes. These disputes often look to various fact patterns where parties are looking for exceptions. One such example is where a named Executor does not probate the will within the four year...KEEP READING
A parent opens a joint bank account with an adult child. The signature card says the funds are “payable to either or survivor.” When the parent dies, does the child automatically own the money? Or does it belong to the parent’s estate and pass under the parent’s will? The answer depends entirely on the specific […]KEEP READING
Family histories get passed down through generations. This can be important when someone dies owning property and without a will. These family histories can dictate who ends up owning the property. So what if there are conflicts in the renditions of the histories? And what if there is other evidence? These can be tricky questions. […]KEEP READING
