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

Property disputes sometimes arise when someone obtains assets through wrongful conduct. A decedent intends to leave property to a particular beneficiary but dies before executing the planned will and estate plan. Family members who stand to inherit under intestacy laws allegedly prevent the decedent from signing the will. After death, the property passes to the...KEEP READING

When people think about creating a will, they often picture either a formal document prepared by an attorney or a handwritten document penned by the testator. But what about a will that is typed by the testator themselves? Can someone sit down at a computer, type out their wishes for property distribution after death, print...KEEP READING

When a will is believed to be invalid or defective, Texas law allows interested parties to challenge the will through a contest proceeding. The Estate of Rodgers, No. 13-22-00202-CV (Tex. App.–Corpus Christi 2023) case examines the grounds for contests and the evidence needed to prove such an allegation. Facts & Procedural History The background of...KEEP READING

Texas law provides various alternatives to a full probate administration, such as a small estate affidavit, an affidavit of heirship, and a family settlement agreement. While each of these options has its own unique set of requirements and limitations, a family settlement agreement can be a particularly useful tool when certain circumstances are met due...KEEP READING

The fiduciary-beneficiary relationship is one of trust. The fiduciary has a duty to act in the beneficiary’s best interest and must exercise a degree of care that a reasonable person would under similar circumstances. If the beneficiary believes that the fiduciary has breached this duty, can they challenge the fiduciary’s actions in court? The McLendon...KEEP READING

A probate court appoints an attorney ad litem to represent unknown heirs in a heirship proceeding. The court later awards the attorney fees and terminates her representation in an appealable order. More than thirty days pass. When the attorney’s fee award is appealed, the probate court reappoints her to defend the appeal. An heir challenges...KEEP READING

Someone dies. A family member signs a release agreement giving up their claims to the estate. Later, that same person discovers what they believe is a newer will naming them as the sole beneficiary. Can they ignore the release they signed and pursue their claim to the estate? This scenario plays out more often than...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