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

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