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probate litigation free housing

Probate Litigation Turns Loan Into Free Use of Loan Proceeds and Decades of Free Housing

When someone dies owing substantial debts, their passing doesn’t eliminate those obligations. Instead, the debts follow them into probate court. The creditors have to pursue collection through estate administration procedures. This is why and how probate courts handle far more than just will contests and asset distributions. They can be the final battleground for unresolved […]

choice of law in trust doc

Choice-of-Law Provisions in Trusts are Not Just Boilerplate

Estate planning attorneys routinely include choice-of-law provisions in trust documents. They often defaulti to the state where the trust is created or where the attorney practices. These provisions might seem like boilerplate language, but they can profoundly impact beneficiaries’ rights decades later. The governing law determines everything from modification procedures to information rights, and these […]

DNA evidence in Texas probates

When Half-Sibling DNA Testing Establishes Texas Inheritance Rights

Families facing the loss of a loved one often confront unexpected challenges in the probate process. This is specially true when there is no will. This is also especially true for children born outside of marriage. This is also especially true with Texas probates, given the advanced body of probate law in Texas. These children […]