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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.

11gavel and judge at bench
27
Apr

Who is an Interested Party in a Texas Probate?

One generally has to be an “interested party” to participate in the probate process in Texas. The status of being an interested party is determined at the outset of the probate case and is not dependent on whether they will ultimately receive property from the estate. This was addressed by the court in the case...
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11joint-ownership-of-property-receiver
06
Apr

Appointing a Receiver to Sell Jointly Owned Property

When co-owners of property are at odds over the property, it may be necessary to have a court appoint a receiver to manage and/or sell the property. This is somewhat common in probate cases given that family members often find themselves joint owners of property with others with whom they did not select as joint...
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11
31
Mar

Challenging Probate Court’s Order to Settle Lawsuits

If a probate court appoints a temporary administrator and approves a settlement for outstanding lawsuits against the estate, heirs with an interest in the estate may have limited options for challenging the decision to settle the lawsuit. The Chabot v. Estate of Sullivan, No. 03-17-00865-CV (Tex. App.-3d Dist [Austin] – 2019), case provides an example....
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11person looking over paperwork
17
Feb

Planning for Special Needs Trusts

Special needs trusts are a valuable tool for parents and guardians of disabled individuals. These trusts can help to preserve eligibility for government benefits, provide additional financial support, and ensure that the beneficiary’s needs are met. Special needs trusts can provide additional resources for disabled minors and adults.  Special care has to be taken in...
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11letters testamentary, letters of administration
10
Feb

Voiding a Common Law Marriage After Death

Will contest suits often involve children whose inheritance is being claimed by a third party who asserts to be common law married to the child’s dead parent.  This raises questions as to whether the new spouse is entitled to all or some of the decedent’s assets and how one would go about voiding a common-law marriage...
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11hand signing paper
26
Jan

What if You Can’t Talk or Sign a Will?

Generally, for a will to be valid, one has to communicate their wishes in a will and the will has to be signed.  This begs the question as to how someone who cannot speak or sign a will can execute a valid will.   The court addressed this in Estate of Luce, No. 02-17-00097-CV (Tex. App.-Ft. Worth 2018),...
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11person writing on paper
10
Jan

Common Estate Planning Goals

Estate planning is an important process that helps to ensure that a person’s wishes are carried out after they pass away or become incapacitated. This process allows individuals to make decisions about their finances, property, and healthcare in advance, so that their loved ones and healthcare providers know how to act on their behalf if...
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11filing inventory TX probate
16
Jul

Filing Inventory in Texas Probate

It is important to understand the legal requirements when it comes to estate administration. Filing the inventory, appraisement, and list of claims of the estate is a crucial step that must be taken within 90 days after qualification. Failure to do so can result in severe consequences, including the removal of the personal representative and...
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11probate independent administration
01
Jul

Independent Administration in Texas

When someone passes away, their estate typically goes through the probate process to distribute their assets to heirs or beneficiaries. In some cases, the personal representative appointed to administer the estate is granted broad powers to manage and distribute assets without court supervision, in what is known as an independent administration. An independent administration can...
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11hands looking at paperwork
25
Jun

Letters Testamentary in Texas

After a person passes away, there is often a lot that needs to be done to settle their affairs and distribute their property. This can be a complicated and time-consuming process, especially if the person had significant assets or debts. One of the first steps in this process is for a personal representative to apply...
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