Most people have heard of probate but don’t understand what it actually involves until a loved one dies and they face the responsibility of settling an estate. The term “probate” sounds intimidating and complicated. Movies and television shows depict probate as an expensive, lengthy ordeal that consumes estate assets in legal fees while families wait...KEEP READING

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

Probate and estate disputes can tear families apart. Siblings who grew up together stop speaking when disagreements arise about their parents’ property. Adult children accuse stepmothers of manipulating elderly fathers into changing wills. Executors face criticism from beneficiaries who question every decision about selling property or paying debts. These conflicts often lead to probate litigation...KEEP READING

Families who suspect their loved one lacked mental capacity when signing a will face a difficult challenge in probate court. The deceased might have struggled with dementia, taken strong medications, or shown confusion in the months before death. Medical records might document cognitive decline. Family members might recall troubling conversations. These facts seem to prove...KEEP READING

Adult children sometimes find themselves caught between respecting their elderly parent’s romantic relationship and protecting the parent from financial exploitation. The parent might be dating someone new who suddenly appears to control all financial decisions. Large sums of money disappear from accounts that sat stable for decades. The parent makes uncharacteristic purchases or loans significant...KEEP READING

Wards who are in guardianships often receive social security benefits. These monthly payments are an important source of income that helps pay for the ward’s care, medical expenses, and daily needs. Questions arise about who should receive these benefits, who controls how they’re spent, and who must account for them to the court when there...KEEP READING

When someone dies owning property in Texas, their heirs often face a practical problem. The county deed records show a deed to their deceased relative from decades ago. However, nothing in those records traces the property forward to the current generation. Many families assume they can bridge this gap by preparing an affidavit of heirship...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

A bank holds a deed of trust on a homeowner’s property. The homeowner files suit to quiet title after the statute of limitations expires on the bank’s foreclosure rights. The homeowner serves the bank by serving the Texas Secretary of State under provisions governing foreign corporate fiduciaries. The bank never receives the citation because it...KEEP READING