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Month

August 2020
11probate discovery rule
30
Aug

The “Discovery Rule” in Probate Disputes

There are some strict deadlines for contesting a will in Texas. The will contest generally has to be filed within two years of the time the will is admitted to probate. What happens if one of the parties hides the existence of the will and secretly probates the will? What if they make statements to...
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11sign will with rubber stamp
26
Aug

Signing a Will With a Rubber Stamp

A will has to be executed with the proper legal formalities. This includes having the terms of the will be in writing and signed by the decedent. There have been a number of disputes as to what counts as a writing and what counts as a signature. The courts have developed a plethora of cases...
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11broken promise to heir
25
Aug

Broken Promise to Leave Property to Heir

What happens if someone makes a promise to leave property to another person in their will, but then they update their estate plan and their promise is not fulfilled? What if the promise was not reduced to writing? Can the person recover property from the probate estate based on a verbal promise? These questions are...
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11houston probate attorney homstead rights
21
Aug

Adult Child’s Rights to Parent’s House

Living arrangements can pose a number of problems when an older family member is placed in a home or they die. The family members have to decide what to do with the property. These issues often result in probate litigation after the parent dies. But what about when the parent is alive, but incapacitated? If...
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