Family members sometimes suspect a will was forged after a loved one dies. Perhaps the signature looks different from other documents the deceased signed. Maybe the person named as executor had the most to gain from the will’s provisions. The circumstances surrounding the will’s execution seem suspicious. These concerns lead family members to believe the...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
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 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
An administrator fails to distribute estate funds as ordered by the probate court. The beneficiary obtains a judgment for statutory penalties against the administrator under Section 360.301 of the Texas Estates Code. The beneficiary then sues the administrator’s surety company to collect on the bond. The surety moves for summary judgment, arguing the statute does...KEEP READING
When the validity of a will is challenged in court, Texas law allows scrutiny of issues like undue influence and mental capacity of the testator. However, sometimes an executor may be a history of past misconduct. In these scenarios, can that prior history be used to prove undue influence during probate? The Smith v. Smith, No. 389...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
