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June 2, 2024
11joint account probate dispute
02
Jun

Joint Account Alone Does not Disqualify Executor in Texas Probate

If an executor is appointed to administer a probate estate in Texas, can they be disqualified from serving if they had a joint checking account with the decedent during the decedent’s lifetime? This is a common fact pattern. It is common to set up joint bank accounts as part of an estate plan, so that...
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11finality of probate court orders
02
Jun

Examining the Finality of Probate Court Orders in Texas

Probate proceedings in Texas often feature multiple complex stages and interim rulings before finality is reached. This multi-phase process aims to fully and fairly administer estates, but it also creates potential complications when it comes to appealing orders issued along the way. Since appellate courts want to discourage piecemeal appeals before probate completion, only certain...
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11does filing a motion count as a will contest in texas?
02
Jun

Does Filing a Motion Count as a Will Contest in Texas?

Probate litigation often involves various motions filed by the parties. These include motions related to discovery requests, such as motions to compel and motions for protective orders. There are also motions to turn over property of the estate or to compel accountings by the executor.  One of the key challenges in probate cases is determining...
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11foreclosure on a dead person's property
02
Jun

When a Bank Forecloses on a Dead Person’s Property

If someone dies and has a mortgage, can the bank foreclose and sell the property to pay off the mortgage?  This is a common situation that arises and a question that we get, as Houston probate attorneys.   The short answer is that, yes, the bank can foreclose, but the heirs are not without remedies.  There...
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11common law marriage
02
Jun

Common Law Marriage & the Race to the Courthouse When the First Spouse Dies

The statistics show that fewer and fewer people are getting married.  It is much more common for those who are in a relationship to simply forego the legal or formal process to get married.  This can have a number of unforeseen consequences. Take the case of a couple who held themselves out as being married...
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11guardianship appointment
02
Jun

Can a Sibling Be Appointed Guardian Over the Wishes of the Sibling’s Spouse?

The term “guardianship” refers to the court supervision of an incapacitated person. The court appoints a guardian and grants them legal authority to make personal and/or financial decisions for the incapacitated person.  This can be needed if, for example, the incapacitated person owes debts to others. This can be a lengthy process and it can...
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11real estate deed probate dispute
02
Jun

Probate Disputes Can Result from Ambiguous Language in Deeds

Lifetime gifts of real estate generally pass outside of the probate process, as they pass prior to probate. However, these transfers are often not discovered until the death of the property owner. This is why these disputes are often part of the probate process. Probate disputes often involve disputes over property that was purportedly or...
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11attorneys fees in texas probates
02
Jun

Will Contests and Attorney’s Fees in Texas: Who Pays When?

In Texas, the outcome of a will contest case does not always determine who will receive an award of attorney’s fees. In fact, even the winning party may not be fully reimbursed for their legal expenses. This is because the law governing attorney’s fees in will contest cases is nuanced and can vary depending on...
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11residuary clauses in texas wills
02
Jun

Beyond Words: Unintended Consequences of Ambiguous Residuary Clauses

There is an art to estate planning. The art comes from seeing how estates are administered and what types of probate disputes arise. While nearly any attorney can draft a will, it’s the probate attorney that sees the big picture. These lessons are learned from legal battles, many of which carry on for years–if not...
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11ladybird deed not revoked
02
Jun

Revoking a Joint Ladybird Deed

Even the most comprehensive plans can go awry. Estate planning involves making educated guesses about what might happen in the future. There are certain eventualities that are known, others that are expected, and then there are those that cannot be foreseen. One area where discrepancies can arise is between transfers made in wills and Lady...
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