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Probate Articles

Houston Probate Articles

This page 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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11grave with flowers
25
Nov

Can a Dead Person Sue You?

November 25, 2019,
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). Facts & Procedural History Josephine died without a will. Before she died and unrelated to her death, she...
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11attorneys fees probate houston
03
Nov

Recovering Attorney Fees in a Probate Case

November 3, 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. App.–Waco 2019), case provides an opportunity to consider these rules. Facts & Procedural History This...
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11
31
Oct

Appealing a Temporary Guardianship

October 31, 2019,
A temporary guardianship is a legal arrangement where an appointed person takes care of a minor or an individual deemed mentally incompetent for a specific period. While temporary guardianship can be a helpful solution, there may be circumstances where one party wishes to challenge or appeal the guardianship arrangement. Usually, in probate and guardianship cases,...
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11Houston probate attorney settlement agreement
07
Oct

Disputing Probate Court’s Family Settlement Agreement

October 7, 2019,
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 provides an example of a dispute involving a family settlement agreement in probate court. Facts...
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11remove executor
16
Sep

Can an Executor Who is Removed be Reappointed?

September 16, 2019,
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? The Estate of Skima, No. 05-18-01288-CV (Ct. App.–5th Dist [Dallas]), case provides an opportunity to...
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11time for probating a will
08
Sep

Time for Probating an Intestate Estate in Texas

September 8, 2019,
There is a four-year rule for probating a will. But this rule only applies to probating a will. It does not apply when there is no will. 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...
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11probate book
31
Aug

Probate Disputes Involving Invalid Real Estate Transfers

August 31, 2019,
Probate disputes often involve wills that fail to provide for one or more children. This may be an inadvertent oversight or a person intentionally disinheriting one or more children. The child then files a contest to challenge the will. The probate courts provide a forum for resolving these disputes. But the omitted children may not...
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11Man at desk behind scales
20
Jul

Texas Probate: Liability for Failing to Make Distribution

July 20, 2019,
The person who serves as the personal representative in a Texas probate can be personally liable for certain actions or omissions. This includes liability for failure to make distributions. This is why many personal representatives opt for a dependent administration. But even a dependent administration does not provide full protection. The personal representative can still...
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11hand writing in a notebook
08
Jun

Can a Letter be Treated as a Handwritten Will in Texas?

June 8, 2019,
Texas law allows for handwritten wills. A handwritten will can suffice if it is well-written. Most handwritten or holographic wills are not well-written. They often include ambiguous and conflicting language, omit assets or intended beneficiaries, and are executed at a time when the decedent may not have the requisite mental capacity to execute a will....
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11guardianship applications
20
May

Guardianship Applications and Personal Service

May 20, 2019,
A guardianship is a legal arrangement where someone is appointed to act on behalf of someone who cannot act on their own. This is a significant legal proceeding as it can eliminate a person’s ability to make their own decisions. This is why guardianship should only be pursued as a last resort when less restrictive...
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