When a person dies, his or her estate is the collection of the person’s assets at the time of death. The estate is managed by an executor, who is responsible for paying any debts and taxes owed by the deceased, as well as distributing the remaining assets according to the will. If you are the...KEEP READING

While the will may be perfectly clear about the ownership of property, it does not automatically follow that all is well for the surviving owners. This article discusses how heirs can force the sale of property. Can one sibling forced sale of inherited house? If a property is left in a will between several beneficiaries,...KEEP READING

A will allows you to choose how your estate is distributed after you pass away. You can also include instructions for things like guardianship of any children, funeral arrangements and burial instructions. Your will can be as simple or complex as you want, but in most cases you’ll need at least two competent witnesses to...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