The statistics show that fewer and fewer people are getting married. It is much more common for those who are in a relationship to simply forego the legal or formal process to get married. This can have a number of unforeseen consequences. Houston Probates and Common Law Marriages. Take the case of a couple who...KEEP READING
The term “guardianship” refers to the court supervision of an incapacitated person. Appointed Guardian in Houston The court appoints a guardian and grants them legal authority to make personal and/or financial decisions for the incapacitated person. This can be needed if, for example, the incapacitated person owes debts to others. This can be a lengthy...KEEP READING
Lifetime gifts of real estate generally pass outside of the probate process, as they pass prior to probate. However, these transfers are often not discovered until the death of the property owner. The Deed Language in Houston. This is why these disputes are often part of the probate process. Probate disputes often involve disputes over...KEEP READING
In Texas, the outcome of a will contest case does not always determine who will receive an award of attorney’s fees. In fact, even the winning party may not be fully reimbursed for their legal expenses. This is because the law governing attorney’s fees in will contest cases is nuanced and can vary depending on...KEEP READING
There is an art to estate planning. The art comes from seeing how estates are administered and what types of probate disputes arise. While nearly any attorney can draft a will, it’s the probate attorney that sees the big picture. These lessons are learned from legal battles, many of which carry on for years–if not...KEEP READING
Even the most comprehensive plans can go awry. Estate planning involves making educated guesses about what might happen in the future. There are certain eventualities that are known, others that are expected, and then there are those that cannot be foreseen. One area where discrepancies can arise is between transfers made in wills and Lady...KEEP READING
The banks invariably require the owner of small businesses to sign a personal guarantee to secure a loan. But what happens to the personal guarantee when the owner dies and the business defaults on the loan? If the business defaults on the loan, the decedent’s estate can be on the hook to repay the loan....KEEP READING
The executor or personal representative has a lot of say in a Texas probate case. Absent limitations in the will, the independent executor has a lot of power. They can do everything from deciding what property is sold and kept, what property is distributed and when, and what the value of the property is that...KEEP READING
Probate cases are handled by a number of different courts in Texas. This can include statutory probate courts, county courts, and even district courts. Regardless of the type of court, one thing holds constant: the court is busy. Most courts in Texas have high caseloads. This is true of statutory probate courts in the largest...KEEP READING
Probate cases can be challenging given the different parties involved. In some cases, family members who have lifetime differences and long-running disputes are forced to work together to wind up the decedent’s last affairs. These disputes often end up in probate court. This can result in disputes and overreaching. The recent Estate of Allen, 658...KEEP READING
