A disinheritance clause in a witnessed and notarized Texas will carries real weight. So when someone shows up in probate court claiming to be a biological child born outside of marriage and says the will was forged, the question is not just whether they can file the contest. It is whether they have any credible...KEEP READING
A serious injury, a lawsuit, a summary judgment in your favor — and then the plaintiff passes away while the case is still grinding along. The estate steps in expecting to collect on what looks like a courtroom victory. Then the defendant’s insurer files its own lawsuit and says the judgment was wiped off the...KEEP READING
Family disputes over estates often involve multiple fronts of litigation. A will contest might accompany challenges to beneficiary designations. Claims of undue influence might target both probate and non-probate assets. When the dust settles and the jury delivers a mixed verdict, upholding the will but invalidating an IRA designation, who pays the legal bills? This...KEEP READING
Payable-on-death (“POD”) accounts pass directly to named beneficiaries upon death through the contract with the financial institution. Probate court would seem the natural fit when disputes arise over who validly changed those designations. When someone dies, leaving bank accounts behind, family members typically expect the probate court to oversee the distribution of the funds. But...KEEP READING
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
