Administering a loved one’s estate is rarely simple, and when property ownership is disputed, it can stretch into years of litigation. An executor takes on a real responsibility: they are the legal face of the estate in court, and the estate cannot act without them. So what happens when an executor resigns in the middle […] The post When the Executor Walks… The post When the Executor Walks Away: What… Continue reading When the Executor Walks Away: What Happens to a Texas Probate Appeal Without a Representative?

When a loved one passes away and leaves behind more than one will, the practical question that rises to the surface almost immediately is: which one controls? That question may seem straightforward on its face. The latter will generally govern. But what happens when the person challenging the latter insists that the witnesses who signed […] The post Self-Proved Wills in Texas:… The post Self-Proved Wills in Texas: When an… Continue reading Self-Proved Wills in Texas: When an Affidavit Isn’t Enough to Stop a Challenge 

When a family fight over trusts spills across state lines, you can end up with one court saying one thing and another court saying the opposite. A trustee who wins in one state will naturally want to use that win everywhere else. But a favorable judgment from another state’s court does not automatically erase a […] The post When a Louisiana Win… The post When a Louisiana Win Will Not… Continue reading When a Louisiana Win Will Not Dissolve a Texas Trust Injunction

When a parent files for guardianship over an adult child with an intellectual disability, the hardest part is often the family conflict. One parent sees a vulnerable person who needs protection. The other sees a capable adult being unfairly restricted. When the medical experts disagree too, the probate court has to sort through conflicting evidence […] The post When Disagreement Among Experts… The post When Disagreement Among Experts Leads to… Continue reading When Disagreement Among Experts Leads to Questions About Total Incapacity in Guardianships

Guardian cases can go on for some time. But when a guardianship case gets dismissed, you would think that’s the end of it. The court closes the file. The parties move on. But what happens when the court continues issuing orders after dismissal? Can a probate court exercise authority over a proceeding that technically no […] The post Can a Texas Probate… The post Can a Texas Probate Court Keep… Continue reading Can a Texas Probate Court Keep Going, Even After Dismissal?

When someone owns an LLC that owns assets, can the person give the LLC-owned assets away via their will or estate plan? While many know that they can give away their LLC interest by will, some may not know that they cannot give away LLC assets. This confusion often comes up as it isn’t aways […] The post Can You Transfer of… The post Can You Transfer of Subsidiary LLCs… Continue reading Can You Transfer of Subsidiary LLCs by your Will or Estate Plan?

The phone rings. The caller refuses to identify themselves. They claim your parents’ will was forged and promise they have proof. Most people would dismiss such a call as a cruel prank. But what happens when those anonymous allegations turn out to be true, and the proof comes in the form of boxes filled with […] The post Can Evidence Discovered After… The post Can Evidence Discovered After the Time… Continue reading Can Evidence Discovered After the Time to Contest a Will Justify a Late-filed Lawsuit?

Those who possess a will for a decedent often just file the will for probate, with little thought to others who may want or even be entitled to notice. For example, a son might file paperwork to probate his father’s will and gets himself appointed as the executor. Months later, the decedent’s other children might […] The post Notice of Probate When the Will References a Person But Doesn’t Leave… Continue reading Notice of Probate When the Will References a Person But Doesn’t Leave Them Property?

Family property disputes often take an unexpected turn when siblings inherit land together. One sibling decides to sell their share to an outside buyer. The remaining family members watch helplessly as a stranger becomes their new co-owner in property that has been in the family for generations. The situation becomes even more complicated when the […] The post Can an Executor Sell Property They Own Joinly With the Estate? appeared… Continue reading Can an Executor Sell Property They Own Joinly With the Estate?

Property disputes among siblings after parents pass away are common. One brother wants to sell. Another wants to keep the family land. A third argues everyone should get equal value regardless of which parcel they receive. These conflicts often result in litigation when the property has unequal features—maybe one section has road frontage or commercial […] The post Estate Plans Trump Partition Laws in Texas Probate Cases appeared first on… Continue reading Estate Plans Trump Partition Laws in Texas Probate Cases