Texas law allows for handwritten wills. A handwritten will can suffice if it is well-written. Most handwritten or holographic wills are not well-written. They often include ambiguous and conflicting language, omit assets or intended beneficiaries, and are executed at a time when the decedent may not have the requisite mental capacity to execute a will....KEEP READING

A guardianship is a legal arrangement where someone is appointed to act on behalf of someone who cannot act on their own. This is a significant legal proceeding as it can eliminate a person’s ability to make their own decisions. This is why guardianship should only be pursued as a last resort when less restrictive...KEEP READING

One generally has to be an “interested party” to participate in the probate process in Texas. The status of being an interested party is determined at the outset of the probate case and is not dependent on whether they will ultimately receive property from the estate. This was addressed by the court in the case...KEEP READING

When co-owners of property are at odds over the property, it may be necessary to have a court appoint a receiver to manage and/or sell the property. This is somewhat common in probate cases given that family members often find themselves joint owners of property with others with whom they did not select as joint...KEEP READING

If a probate court appoints a temporary administrator and approves a settlement for outstanding lawsuits against the estate, heirs with an interest in the estate may have limited options for challenging the decision to settle the lawsuit. The Chabot v. Estate of Sullivan, No. 03-17-00865-CV (Tex. App.-3d Dist [Austin] – 2019), case provides an example....KEEP READING

Special needs trusts are a valuable tool for parents and guardians of disabled individuals. These trusts can help to preserve eligibility for government benefits, provide additional financial support, and ensure that the beneficiary’s needs are met. Special needs trusts can provide additional resources for disabled minors and adults.  Special care has to be taken in...KEEP READING

Will contest suits often involve children whose inheritance is being claimed by a third party who asserts to be common law married to the child’s dead parent.  This raises questions as to whether the new spouse is entitled to all or some of the decedent’s assets and how one would go about voiding a common-law marriage...KEEP READING

Generally, for a will to be valid, one has to communicate their wishes in a will and the will has to be signed.  This begs the question as to how someone who cannot speak or sign a will can execute a valid will.   The court addressed this in Estate of Luce, No. 02-17-00097-CV (Tex. App.-Ft. Worth 2018),...KEEP READING

Estate planning is an important process that helps to ensure that a person’s wishes are carried out after they pass away or become incapacitated. This process allows individuals to make decisions about their finances, property, and healthcare in advance, so that their loved ones and healthcare providers know how to act on their behalf if...KEEP READING

It is important to understand the legal requirements when it comes to estate administration. Filing the inventory, appraisement, and list of claims of the estate is a crucial step that must be taken within 90 days after qualification. Failure to do so can result in severe consequences, including the removal of the personal representative and...KEEP READING