Someone dies. A family member signs a release agreement giving up their claims to the estate. Later, that same person discovers what they believe is a newer will naming them as the sole beneficiary. Can they ignore the release they signed and pursue their claim to the estate? This scenario plays out more often than...KEEP READING

Estate administration becomes complicated when a surviving spouse seeks to designate property as exempt homestead under the Texas Estates Code. The spouse files an application to set aside both a rural homestead and personal property as exempt. The probate court holds a hearing but takes no sworn testimony. Instead, the court questions the attorneys and...KEEP READING

When a loved one dies leaving a will, the family faces the task of settling the estate. Someone must gather the decedent’s assets, pay debts and taxes, and distribute property to beneficiaries. These tasks cannot be accomplished without legal authority. The personal representative named in the will has no power to act until a probate...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

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

Death creates an immediate freeze on a debtor’s obligations. Creditors who held enforceable claims against the living person must now navigate the probate system to collect what they’re owed. The process requires following specific procedures within strict timeframes. Missing a deadline or failing to check the right box can transform a valid debt into an...KEEP READING

When someone agrees to serve as executor of a loved one’s estate, they usually expect some paperwork and a few decisions about distributing assets. Most people don’t anticipate that years later they could lose their position, forfeit substantial compensation, and face allegations of serious misconduct. The role carries significant responsibilities that extend far beyond simply...KEEP READING

What happens if someone leaves a will based on a mistaken understanding about something outside of the will? For example, a surviving spouse that assumes that the deceased spouse left a will when the deceased spouse did not–then the surviving spouse dies. Can the surviving spouse’s will be challenged and set aside based on the...KEEP READING

A caregiver provides services to an elderly woman for over a year. After the woman dies, the caregiver presents claims to the woman’s daughter, who serves as independent executrix of the estate. The daughter ignores the claims. The caregiver waits nearly a year before filing suit to recover payment for her services. Under the Texas...KEEP READING