An executor has a fiduciary duty as to the beneficiaries of a probate estate. If they breach this duty, the beneficiaries still have to establish the amount of any damages. If the damage is the loss of property, the measure of damages is the fair market value of the property that was lost. This raises...KEEP READING

There are a number of deadlines that apply in probate disputes. These deadlines are strict given the policy for having finality with probate matters. The recent Watson v. Schrader, No. 11-18-00064-CV (Tex. App. [11th Dist.]–2020) case provides an example. Facts & Procedural History The dispute involved wills executed in 1995 and a family trust created...KEEP READING

When a loved one dies, the surviving family members often find that the decedent’s will included terms that they do not agree with. This may be due to family dynamics, a sense of entitlement, or simply a differing view of who should inherit. These situations often lead to probate disputes. The In re Estate of...KEEP READING

Say mom dies. She was a resident of Harris County, had a second house in Liberty County, and was temporarily living in a nursing home in Fort Bend County. When she dies, in what county do you file the probate application? The quick answer is you file the application in the county in which the...KEEP READING

If someone dies, does Texas law allow the dead person to sue you? The answer is not as clear-cut as one would think. The court addresses this in Balderaz v. Martin, No. 13-18-00056-CV (Tex. App.-Corpus Christi 2019). Facts & Procedural History Josephine died without a will. Before she died and unrelated to her death, she...KEEP READING

One of the issues that often comes up in probate cases is whether the parties can recoup their attorneys fees from the estate. The answer is usually yes, but there are rules involved. The Estate of Pharris, No. 10-17-00260-CV (Ct. App.–Waco 2019), case provides an opportunity to consider these rules. Facts & Procedural History This...KEEP READING

A temporary guardianship is a legal arrangement where an appointed person takes care of a minor or an individual deemed mentally incompetent for a specific period. While temporary guardianship can be a helpful solution, there may be circumstances where one party wishes to challenge or appeal the guardianship arrangement. Usually, in probate and guardianship cases,...KEEP READING

Probate disputes are often resolved using family settlement agreements. These agreements can avoid the costs and delays of full will contests. But they can also lead to additional disputes. The Locasico v. Mongrain, No. 07-18-00280-CV (Tex. App.–7th Dist. 2019) case provides an example of a dispute involving a family settlement agreement in probate court. Facts...KEEP READING

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...KEEP READING

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...KEEP READING