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

Every year, thousands of Texas property owners execute transfer on death deeds with the best intentions. They sign the documents in front of notaries, have witnesses verify their signatures, and carefully store the deeds in safe places. These owners believe they’ve successfully arranged for their homes to pass directly to loved ones without the hassle...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

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

Family members sometimes create trusts for elderly parents as part of estate planning or to protect assets. An adult child acting under a durable power of attorney transfers the parent’s home, bank accounts, and personal property into a trust. The child names an attorney as trustee. Other family members become concerned. They question whether the...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

Family disputes over estates sometimes lead people to make hasty decisions they later regret. A beneficiary caught in the middle of family conflict might disclaim their inheritance to restore peace. They sign documents waiving their rights to the estate. Later, when emotions settle, they realize they made a mistake and want to undo what they...KEEP READING