What happens when there is a dispute between parties regarding the validity of a life insurance beneficiary designation? This scenario raises complex legal questions surrounding conflicting claims and the rightful entitlement to life insurance proceeds. The solution lies within the realm of “interpleader” lawsuits. These legal actions offer a remedy when parties notify the life […]
This case study involves a widow who was seeking assistance to access her late husband’s bank accounts. Despite presenting an affidavit of death and a death certificate and being the successor on the account, she was told by the bank that she needed a letter testamentary to access the account. This situation was complicated by […]
When a person passes away, their will typically outlines the distribution of their estate. However, there may be instances where a will is declared invalid due to a variety of reasons such as lack of testamentary capacity, undue influence, or improper execution. When this occurs, the distribution of the decedent’s estate becomes a complex process. […]
A durable power of attorney is a standard estate planning document. It is a powerful legal document that grants an agent broad authority to act on behalf of the principal. Unfortunately, this type of document is often prone to fraud and abuse. The Gardner v. Majors, No. 10-21-00306-CV (Tex. Ct. App.–Waco 2023) case provides an […]
Should someone have the right to dispose of their property when they die as they see fit? Should the law impose a requirement to leave loved ones with equal shares? These competing policies have found their way into Texas probate law. Texas law used to provide for forced heirship, which resulted in equal shares and […]
Losing a loved one is an emotionally challenging experience. The process of settling their estate is complicated. This can put the survivors under quite a bit of stress. The stress often results in people acting and taking actions that they would not normally take. This can include everything from cutting corners, skirting even the most […]
As our loved ones age, it is natural to worry about their physical and mental health. Dementia is common and something that many of us will have to contend with. Caring for a parent with dementia can be an overwhelming experience. It requires patience, empathy, and understanding to navigate the challenges that come with this […]
After retiring from the military, Mrs. Smith was on disability benefits from the Veterans Administration. When she passed away from stage 4 cancer, she didn’t have a will. Mr. Smith wondered what the probate process was when an estate is without a will? Probate is a legal process that occurs after someone dies. It involves […]
The aging population in Texas has been on the rise, resulting in a higher number of deceased borrowers who leave behind complicated situations for their families and mortgage lenders. When the borrower passes away, the mortgage loan becomes due and payable in full, even if the estate cannot cover the remaining balance. This can lead […]
When a person passes away, their estate must go through probate in order to be distributed to their heirs. Probate is the legal process of settling the estate and can be done with or without a will. If the deceased had a will, then the executor named in the will is responsible for administering the […]
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