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
Property disputes often arise when someone claims to be an heir of a deceased person who died many years earlier. The claimant asserts rights to real property based on alleged parentage. No probate estate was ever opened, so this isn’t technically a probate litigation case. No court has ever determined heirship. The property has changed...KEEP READING
Disputes over estate administration often involve disagreements about how the independent executor manages the estate. There is quite a lot of probate litigation involving these issues. A beneficiary believes the executor is mishandling assets or making improper decisions. The beneficiary files suit to remove the executor. The executor hires attorneys to defend against the removal...KEEP READING
Naming a child as independent executor of your estate seems like a natural choice. This is what many people do with their estate plan. You trust that child to handle your affairs after death. You believe that child will treat their siblings fairly and follow your wishes. But what happens when that child takes actions...KEEP READING
When someone names a family member as executor in their will, they place enormous trust in that person to handle their affairs after death. As part of their estate plan, that same family member often serves as attorney-in-fact under a power of attorney during the person’s lifetime. The attorney-in-fact manages finances, pays bills, and makes...KEEP READING
When an executor needs to recover $100,000 that a family member transferred from the deceased’s account before death, where should the lawsuit be filed? One might assume that such a large dollar amount automatically puts the case in district court. This is logical given typical jurisdictional limits that restrict county courts to smaller monetary disputes....KEEP READING
Estate planning documents frequently contain seemingly simple terms that later spawn disputes. A will leaves someone “the house” or “the farm” or “the real property.” Years pass. The testator sells parts of the property or receives notes as payment. The testator dies. Beneficiaries argue about what passes under the will. Some claim the testator meant...KEEP READING
Holographic wills appeal to people who want simple estate planning without attorneys. This may include online forms or services that generate wills, or even having a non-attorney friend prepare the document. These non-attorney wills are frequently disputed, and often result in expensive litigation. One area of the disputes for these wills are those who handwrite...KEEP READING
People execute wills in various ways. Some sign formal documents prepared by attorneys with witnesses present. Others handwrite simple documents disposing of their property. Texas law accommodates both approaches through different requirements for attested wills and holographic wills. However, one question frequently arises: what constitutes a valid signature on a will? The Texas Estates Code...KEEP READING
Insurance companies maintain extensive files documenting their handling of claims. These files contain correspondence with insureds, investigation reports, adjuster notes, and communications with attorneys. When disputes arise about how insurers handled claims, plaintiffs naturally want access to these files through discovery. Insurers resist by asserting various privileges. The attorney-client privilege protects confidential communications between lawyers...KEEP READING
