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).
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.… Read More
In probate and guardianship cases, the parties can appeal most court orders immediately. But what about the appointment of a temporary guardian? If you do not agree with the appointment, can you immediately appeal the probate court’s decision? The court… Read More
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… Read More
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?… Read More
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 refers to the process of identifying who is entitled to inherit from… Read More
Probate disputes often involve wills that intentionally omit or fail to provide for one or more children. The probate courts provide a forum for resolving these disputes. But the omitted children may not want to deal with the probate process.… Read More
The person who serves as the personal representative in a Texas probate can be personally liable for certain actions or omissions. This is why many personal representatives opt for a dependent administration. But the personal representative can even be personally… Read More
Can a handwritten letter that names an executor and does little else count as a valid will in Texas? The court addresses this in Estate of Silverman, No. 14-18-00256-CV (Tex. App.–Houston [14th Dist.] 2019).
If a party enters an appearance in a guardianship proceeding, do they still have to be personally served with a new application that is filed in the same case? Texas law requires service when a guardianship application is filed, but… Read More