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When a TOD Account Designation Defeats a Specific Bequest in Texas Probate

Many families keep the same financial advisor for decades, even when that advisor changes firms three or four times. Mom’s investment account follows the advisor from one brokerage to the next, and nobody thinks twice about it. Then Mom dies, and her will leaves “my account at Firm X ending in 1234” to specific people. […]

Self-Proved Wills in Texas: When an Affidavit Isn’t Enough to Stop a Challenge 

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 […]

When a Louisiana Win Will Not Dissolve a Texas Trust Injunction

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 […]

When Disagreement Among Experts Leads to Questions About Total Incapacity in Guardianships

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 […]

Can a Texas Probate Court Keep Going, Even After Dismissal?

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 […]

Can You Transfer of Subsidiary LLCs by your Will or Estate Plan?

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 […]