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Probate Articles

Houston Probate Articles

Probate Articles by Houston Lawyers provides informative articles on all aspects of probate in Texas. Our team of experienced attorneys regularly publishes articles on probate administration, probate litigation, estate planning, and other important topics. We strive to provide you with the knowledge and resources you need to make informed decisions about your legal matters. Browse our articles to learn more about probate and how it affects you and your loved ones.

Our Houston Probate Attorneys provide a full range of probate services to our clients. Affordable rates, fixed fees, and payment plans are available. We provide step-by-step instructions, guidance, checklists, and more for completing the probate process. We have years of combined experience we can use to support and guide you with probate and estate matters. Call us today for a FREE attorney consultation.

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11erisa or 120 hour survival rule probate texas
03
May

Are Inherited Retirement Plans Distributed per Texas Law or ERISA?

May 3, 2025,
Most married couples assume that when one spouse dies, their retirement assets will automatically pass to the surviving spouse. But what happens when both spouses die within days of each other? Do Texas survival statutes requiring a beneficiary to survive the deceased by 120 hours apply to ERISA retirement plans? Or do the plan documents...
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11DNA evidence in Texas probates
17
Apr

When Half-Sibling DNA Testing Establishes Texas Inheritance Rights

April 17, 2025
Families facing the loss of a loved one often confront unexpected challenges in the probate process. This is specially true when there is no will. This is also especially true for children born outside of marriage. This is also especially true with Texas probates, given the advanced body of probate law in Texas. These children...
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11guardianship delay minor adult
12
Apr

Can a Guardian of a Minor Extend Control Beyond the Ward’s 18th Birthday?

April 12, 2025,
When a minor turns 18, Texas law typically requires the prompt termination of guardianship and the transfer of assets to the new adult. Yet some guardians find ways to maintain control over assets months or even years after the ward reaches adulthood. Through procedural maneuvers like motions for new trial and appeals, guardians can extend...
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11partition real estate in probate
07
Apr

When Heirs Want to Partition but Executors Want to Sell

April 7, 2025,
A father dies and leaves his real estate to his two daugthers. One daughter wants to divide up and keep the property and the other daughter wants to sell the entire property. To make it more complicated, the daughter who wants to sell the property is the independent administrator under the father’s will. Is the...
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11guardian ad Litem fee in texas
02
Mar

Guardian Ad Litem Fees in Texas Guardianship Proceedings

March 2, 2025,
When the court appoints a guardian ad litem in a guardianship proceeding to protect the interests of a proposed ward, questions inevitably arise about how these representatives are compensated and what services fall within their scope of duty. What happens when there’s a dispute over the fees a guardian ad litem has charged? What standards...
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11Texas lost will
08
Feb

Proving Up a Lost Will in Texas Probate Court

February 8, 2025,
The loss of a loved one is always a difficult time, but the stress and heartache can be compounded when the original will cannot be located. This leaves the grieving family to navigate the complex probate process with only a copy of the will to rely upon. This gets into questions on how to prove...
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11will contest probate
20
Nov

Will Cannot Be Probated Before Trial on the Will Contest

November 20, 2024,
When a loved one passes away leaving a will, the family often wants to proceed with probate as quickly as possible to settle the estate. In cases where someone contests the will’s validity, the natural question arises: If the will contest appears valid on its face, why can’t the court admit it to probate now...
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11joint account probate dispute
02
Jun

Joint Account Alone Does not Disqualify Executor in Texas Probate

June 2, 2024,
If an executor is appointed to administer a probate estate in Texas, can they be disqualified from serving if they had a joint checking account with the decedent during the decedent’s lifetime? This is a common fact pattern. It is common to set up joint bank accounts as part of an estate plan, so that...
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11finality of probate court orders
02
Jun

Examining the Finality of Probate Court Orders in Texas

June 2, 2024,
Probate proceedings in Texas often feature multiple complex stages and interim rulings before finality is reached. This multi-phase process aims to fully and fairly administer estates, but it also creates potential complications when it comes to appealing orders issued along the way. Since appellate courts want to discourage piecemeal appeals before probate completion, only certain...
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11foreclosure on a dead person's property
02
Jun

When a Bank Forecloses on a Dead Person’s Property

June 2, 2024,
If someone dies and has a mortgage, can the bank foreclose and sell the property to pay off the mortgage?  This is a common situation that arises and a question that we get, as Houston probate attorneys, the Foreclosure of Property in Houston.   The short answer is that, yes, the bank can foreclose, but the...
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