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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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11probate after a muniment
02
Jun

Probate After a Muniment of Title

June 2, 2024,
Muniment of title is an alternative to the probate process in Texas. It is cost-efficient.  It is fast–relatively speaking. A Will is required. Instead of appointing you as the executor, the probate court enters an order distributing property according to the Will. And walla! But what if the story does not end there? What if...
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11texas personal jurisdiction executor probate
02
Jun

Nonresident Executor Subject to Texas Jurisdiction

June 2, 2024,
Many courts shifted to online zoom hearings when the COVID virus situation started. This includes probate courts in Texas. This makes sense. Many probate hearings require witnesses. The witnesses are usually friends and acquaintances of the deceased. As with the deceased, generally, they are usually older. They may be more susceptible to have a strong...
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11probate book
02
Jun

Guardianship Claim Bars Probate Claim?

June 2, 2024, ,
Imagine that you are owed money by someone who becomes incapacitated and they have a guardian appointed. Your debt is not secured by any property, such as real estate. The guardian sends you a notice to submit your claim for payment. The debtor is of an advanced age or not expected to live long due...
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11houston probate term of trust
02
Jun

Anti-Defamation Law Trumps Terms of Trust

June 2, 2024,
There are laws that conflict with other laws. These conflicts are often due to competing policies. What may have been a good policy for one fact pattern, may not be a good policy given a slightly different fact pattern. The recent Marshall v. Marshall, Nos. 14-18-00094-CV, 14-18-00095-CV (Tex. App–Houston [14th]), case provides an example. The...
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11probate discovery rule
02
Jun

The “Discovery Rule” in Probate Disputes

June 2, 2024,
There are some strict deadlines for contesting a will in Texas. The will contest generally has to be filed within two years of the time the will is admitted to probate. What happens if one of the parties hides the existence of the will and secretly probates the will? What if they make statements to...
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11simultaneous signatures on will
02
Jun

Are Simultaneous Signatures Required for a Will?

June 2, 2024,
The making of a will is serious. A valid will dictates who gets your property and when they get it. An invalid will can result in your property passing according to Texas intestacy law. It can also set up an expensive probate dispute. This is why estate planning attorneys take such care in helping clients...
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11sign will with rubber stamp
02
Jun

Signing a Will With a Rubber Stamp

June 2, 2024,
A will has to be executed with the proper legal formalities. This includes having the terms of the will be in writing and signed by the decedent. There have been a number of disputes as to what counts as a writing and what counts as a signature. The courts have developed a plethora of cases...
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11houston probate attorney homstead rights
02
Jun

Adult Child’s Rights to Parent’s House

June 2, 2024,
Living arrangements can pose a number of problems when an older family member is placed in a home or they die. The family members have to decide what to do with the property. These issues often result in probate litigation after the parent dies. But what about when the parent is alive, but incapacitated? If...
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11broken promise to heir
02
Jun

Broken Promise to Leave Property to Heir

June 2, 2024,
What happens if someone makes a promise to leave property to another person in their will, but then they update their estate plan and their promise is not fulfilled? What if the promise was not reduced to writing? Can the person recover property from the probate estate based on a verbal promise? These questions are...
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11houston probate attorneys
02
Jun

Time Limits for Texas Probate Disputes

June 2, 2024,
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...
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