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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

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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?

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11foreclosure on a dead person's property
02
Jun

When a Bank Forecloses on a Dead Person’s Property

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11common law marriage
02
Jun

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

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11guardianship appointment
02
Jun

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

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11real estate deed probate dispute
02
Jun

Probate Disputes Can Result from Ambiguous Language in Deeds

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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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