Estate planning attorneys draft wills carefully, reviewing every provision to ensure the document accomplishes the testator’s wishes. Yet even the most carefully prepared wills sometimes contain errors. A paragraph reference might be wrong. A bequest might refer to property the testator no longer owns. The will might describe a gift but fail to name a...KEEP READING

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...KEEP READING

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...KEEP READING

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...KEEP READING

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...KEEP READING

A husband and wife go to their bank to change account ownership. The husband wants his wife to have access to the accounts and to inherit them when he dies. They sign new signature cards for two accounts. Under “Type of Customer,” each card specifies “Joint with Survivorship.” When the husband dies, his widow claims...KEEP READING

A parent learns that their adult child has a severe disability and will require lifetime care. The child receives Supplemental Security Income and Medicaid benefits that pay for essential medical treatment and living expenses. The parent wants to leave an inheritance to help provide for the child’s future needs. However, the parent discovers that a...KEEP READING

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...KEEP READING

Family disputes over estates sometimes lead people to make hasty decisions they later regret. A beneficiary caught in the middle of family conflict might disclaim their inheritance to restore peace. They sign documents waiving their rights to the estate. Later, when emotions settle, they realize they made a mistake and want to undo what they...KEEP READING

Holographic wills appeal to people who want simple estate planning without attorneys. This may include online forms or services that generate wills, or even having a non-attorney friend prepare the document. These non-attorney wills are frequently disputed, and often result in expensive litigation. One area of the disputes for these wills are those who handwrite...KEEP READING