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
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
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
When a person dies without a will, their assets are distributed according to Texas’s laws of intestacy. However, transferring ownership of these assets can be a complex and lengthy process if the proper documentation is not in place. This is where the concept of affidavits of heirship comes into play. In this blog article, we...KEEP READING
This is a case study based on the facts of of the actual case, Rogers v. Carter, 385 S.W.2.d 563 (1964), if it were decided today. In this regard, it is a hypothetical legal analysis and not an analysis of the court’s actual holding. Introduction In this case, the dispute is over the rights to...KEEP READING
Probate law can be a confusing and overwhelming process for those who have recently inherited property. In Texas, probate law governs the distribution of a deceased person’s assets, including real property. When an individual dies, their assets must pass through probate before they can be distributed to the heirs or beneficiaries. In this blog post,...KEEP READING
When a loved one passes away, it can be a difficult and overwhelming time for their family and loved ones. One of the many tasks that must be addressed is the distribution of their assets, which can be particularly complex if the decedent did not leave behind a will. This is known as probate, and...KEEP READING
When a loved one passes away, it can be a difficult and emotional time for their family and friends. One of the things that can add to the stress of this situation is the uncertainty surrounding the distribution of the decedent’s assets. Beneficiaries of a will in Texas must wait for the probate process to...KEEP READING
