Texas probate courts have broad powers that can be used to protect estates. This includes the power to remove the executor for the estate. But what if the executor did not want to be removed? What remedies do they have? The Estate of Skima, No. 05-18-01288-CV (Ct. App.–5th Dist [Dallas]), case provides an opportunity to […]
There is a four-year rule for probating a will. But this rule only applies to probating a will. It does not apply when there is no will. There are special rules that are involved when a Texas resident dies without a will. One set of rules involves heirship proceedings. This is a legal term that […]
Probate disputes often involve wills that fail to provide for one or more children. This may be an inadvertent oversight or a person intentionally disinheriting one or more children. The child then files a contest to challenge the will. The probate courts provide a forum for resolving these disputes. But the omitted children may not […]
The person who serves as the personal representative in a Texas probate can be personally liable for certain actions or omissions. This includes liability for failure to make distributions. This is why many personal representatives opt for a dependent administration. But even a dependent administration does not provide full protection. The personal representative can still […]
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. […]
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 […]
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 […]
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 […]
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. […]
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 […]