Texas law restricts probating wills more than four years after the testator’s death. However, there can be exceptions that would allow late probate if the applicant shows reasonable diligence and a legitimate reason to do so.  The Marshall v. Estate of Freeman, No. 03-20-00449-CV (Tex. App. – Austin [3rd Dist.] 2022) case highlights how courts...KEEP READING

If you know of a legal proceeding, but do not check in on it and then miss deadlines to appeal as the case progresses, can you wait until the end and bring suit against one of the parties? Consider this in the case of a guardianship proceeding. The probate court may have a number of...KEEP READING

When it comes to Texas probate, there are some common disputes that can be exceedingly difficult to navigate. One of these is the situation when an executor is obligated to sell real estate and distribute the proceeds to more than one beneficiary, but he or she cannot do so as there is someone living in...KEEP READING

The validity of a will can be a contentious issue within families. Whether attested or holographic, wills must meet specific criteria to be considered authentic and to be admitted to probate.  When allegations of forgery arise, the question becomes: Can the authenticity of a will be proven and what evidence is used to prove the...KEEP READING

Probate in Texas should be viewed as a process. It is a process that has several steps that have to be completed. The end goal of these steps is to resolve family and other disputes and identify, manage, and distribute the decedent’s property. With these goals in mind, here is a very general explanation of...KEEP READING

Dealing with the death of a loved one is never easy, but it can be especially challenging when they pass away without a will. This is what is commonly referred to as an estate without a will or “intestate succession.” In this case study, we will explore the complex issues that can arise in these...KEEP READING

In July of 2018, the father of the individual in question passed away, leaving behind an estate that needed to be probated. The individual hired an attorney to represent them in the estate mediation process, which has been ongoing for the past two years. However, after no resolution was reached, the individual’s attorney was appointed...KEEP READING

In Texas, the probate process is governed by the Texas Probate Code. When a person passes away, their assets and liabilities are gathered, and their debts are paid off before distributing the remaining assets to the beneficiaries. One of the most crucial documents in the probate process is the last will and testament of the...KEEP READING

Texas Probate Law provides a legal framework for individuals to apply for guardianship responsibilities over another person who is unable to make their own decisions due to incapacity, such as dementia. However, becoming a guardian also comes with certain responsibilities and consequences if those responsibilities are not fulfilled. In this article, we will examine the...KEEP READING

Conservatorship is a legal process in which a court appoints an individual, known as a conservator, to manage the financial and personal affairs of a person who is unable to do so themselves, known as the ward. This process is designed to protect and manage the ward’s assets and property, as well as make decisions...KEEP READING