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Most Probate Court Orders Are Not Immediately Appealable

When a probate court makes decisions during the administration of an estate, parties who disagree with those decisions may want to appeal right away. If the probate court makes a decision that negatively impacts the party’s rights, time may be of the essence to fix it. From an economic or practical perspective, a delayed fix […]

When are Sanctions Levied Towards Attorneys Applicable During Court?

Courts possess significant powers to impose sanctions on attorneys who improperly abuse legal processes. Various procedural rules and statutes grant courts discretion to levy monetary sanctions when attorneys engage in frivolous litigation tactics or misconduct. As the Brenners v. Green, No. 06-20-00044-CV (Tex. App. – Texarkana [6th Dist.] 2020) case exemplifies, determining appropriate sanctions requires […]

Can an Unsigned Handwritten Document Count as a Will?

If someone dies in Texas and they left a handwritten written document that gives away their property on death, can that document be a valid will?  What if the person did not sign the will? The answer is often, “yes,” as Texas law allows for handwritten wills.  The courts will often admit the wills even […]

Transfer-On-Death Designations in Texas Probate Law

When it comes to estate planning in Texas, there are many different tools and strategies available. One option that is often overlooked, but can be incredibly useful, is the use of transfer-on-death (TOD) designations. These designations allow you to name beneficiaries for certain assets, which will then pass to them automatically upon your death, outside […]

Probating a Pour Over Will in Texas: A Case Study

Probating a pour over will in Texas can be a complex process, particularly if there is property involved. In this case study, we will explore the probate process of a pour over will involving a piece of property owned by the decedent for 66 years. We will discuss the steps involved in transferring the property […]

What to Do When Your Parent Passes Away Without a Will in Texas

Losing a loved one is never easy, and the process can become even more complicated when the deceased has not left a will. When this someone passes away without a will in Texas, the assets of the deceased will be distributed according to the intestacy laws of Texas. These laws can be complex, and if […]

Inherited Jewelry in Probate: A Texas Case Study

When a loved one passes away, their assets must be distributed to their beneficiaries. This process is known as probate and it can be a complicated and confusing process. In this article, we will explore the probate process in Texas and how it applies to the estate of Mrs. T and Inherited Jewelry in Probate. […]

Do I Need a Comprehensive Estate Plan?

As a resident of Texas, you understand the importance of protecting your assets and providing for your loved ones. Estate planning is a critical step in ensuring that your wishes are honored and your family is taken care of after you pass. In this blog post, we’ll outline the benefits of creating a comprehensive estate […]

Inheriting Real Property in Texas: A Guide to the Probate Process

The death of a loved one can be a difficult and emotional time, and when a will is involved, it can add an additional layer of complexity to an already challenging situation. If the deceased owned real property in Texas, the process of transferring ownership can become even more complicated. This is because Texas law […]

When Distributions Aren’t Made According to the Will

This is a Case Study analysis on the facts of Patrick v. Patrick, 182 S.W.3d 433 (Tex. App. – Austin 2005, no pet.), as if it were to be decided today. It is not an analysis of the court’s holding in this case. Introduction Probate law governs the distribution of a deceased person’s assets. In […]