A would-be executor or adminsitrator may not fully appreciate the complexities that can arise. Estate administration often involves discovering financial surprises that the deceased never anticipated. For example, a family member who steps into the role of executor or administrator for the estate may find outstanding debts or tax liabilities that complicate the distribution of...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

Family disputes over inherited property often begin with incomplete information. Someone dies intestate. A surviving relative prepares an affidavit of heirship listing who inherited the property. That affidavit gets filed in the real property records. Years pass. The property changes hands. Then another heir surfaces—someone who was left off the original affidavit—and claims an ownership...KEEP READING

Estate planning often feels like just another item on life’s to-do list. People meet with attorneys, sign documents, and assume everything is properly handled. The lawyer witnessed it. The notary stamped it. The documents go into a drawer or safe deposit box. Years later, when someone dies, the family discovers that a small technical error...KEEP READING

A car collision leads to a personal injury lawsuit. The case proceeds to trial. The defendant’s attorney wants to introduce certain medical records that federal law protects. The court excludes the records before trial begins. The attorney proceeds anyway. Over the course of two weeks, he references the excluded records thirty-eight times. He criticizes the...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