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...KEEP READING

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...KEEP READING

The passing of a loved one can be a difficult time and the responsibilities of being an executor of their estate can add additional stress. In Texas, if you have been named as the executor of a deceased person’s estate, it is important to understand the estate tax return requirements to ensure that you are...KEEP READING

When Sam and Jamie’s mother passed away in Houston, Texas. They found themselves with an estate to administer but no will to guide them. While Sam resides in the same city as the estate, Jamie lives in Germany, making the coordination even more challenging. The siblings sought legal assistance to navigate the probate process. The...KEEP READING

When a loved one passes away, the process of distributing their assets can be a difficult and emotional time. It is rare for someone to leave detailed and up-to-date lists of what assets they own. In addition to everything else they have to do, the surviving family members often have to scramble to identify what...KEEP READING

Our legal system has numerous deadlines–artificial dates that have to be met. The notice of appeal is an example. If the probate court enters a final order, the parties usually only have 30 days to file a notice of appeal. There are exceptions, such as the restricted appeal. If the requirements are met, the restricted...KEEP READING

Bob needed to talk to a Texas probate attorney as needed guidance on managing a standard estate left by his recently deceased mother. Bob was the executor of the estate as per the mother’s will. The estate included a residence, a vehicle, household contents, and a checking account, all of which needed to be distributed...KEEP READING

When a Texas resident passes away, their estate usually has to go through the probate process. This process ensures that creditors (if any) are paid and it facilitates the distribution of their assets to their beneficiaries. As part of this process, an inventory of the decedent’s assets must be created and filed with the court....KEEP READING

A will contest in a Texas probate court refers to a legal process that entails challenging the authenticity of a deceased person’s last will and testament. Such proceedings are known to be intricate and are often the result of familial disagreements over the allocation of the deceased’s belongings. Who Can Challenge a Will? In Texas,...KEEP READING

As the population of Montgomery County continues to grow, so does the need for efficient and effective courts to manage the increasing number of cases. To address this, State Representative Will Metcalf has filed House Bill 1436, aimed at converting Montgomery County at Law No. 2 into a dedicated probate court. What is a Probate...KEEP READING