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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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11personal guarantee loan probate texas
02
Jul

What Happens to a Personal Guarantee When a Business Owner Dies?

July 2, 2023,
The banks invariably require the owner of small businesses to sign a personal guarantee to secure a loan. But what happens to the personal guarantee when the owner dies and the business defaults on the loan? If the business defaults on the loan, the decedent’s estate can be on the hook to repay the loan....
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11difficult executor texas probate.jpg
10
Jun

Can Family Feuds Stop You From Being an Executor?

June 10, 2023,
The executor or personal representative has a lot of say in a Texas probate case. Absent limitations in the will, the independent executor has a lot of power. They can do everything from deciding what property is sold and kept, what property is distributed and when, and what the value of the property is that...
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11notice of probate hearing
05
Jun

Probate Court Reversed for Insufficient Notice of Hearing

June 5, 2023,
Probate cases are handled by a number of different courts in Texas. This can include statutory probate courts, county courts, and even district courts. Regardless of the type of court, one thing holds constant: the court is busy. Most courts in Texas have high caseloads. This is true of statutory probate courts in the largest...
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11resign as executor
27
May

Executor Cannot Resign Without Notice & Consent of Will Distributees

May 27, 2023,
Probate cases can be challenging given the different parties involved. In some cases, family members who have lifetime differences and long-running disputes are forced to work together to wind up the decedent’s last affairs. These disputes often end up in probate court. This can result in disputes and overreaching. The recent Estate of Allen, 658...
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11life insurance beneficiary desigantion interpleader
21
May

How to Challenge the Validity of Life Insurance Beneficiary Designations

May 21, 2023,
What happens when there is a dispute between parties regarding the validity of a life insurance beneficiary designation? This scenario raises complex legal questions surrounding conflicting claims and the rightful entitlement to life insurance proceeds. The solution lies within the realm of “interpleader” lawsuits. These legal actions offer a remedy when parties notify the life...
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11when a will is invalid
14
May

What Happens if a Will is Declared Invalid?

May 14, 2023,
When a person passes away, their will typically outlines the distribution of their estate. However, there may be instances where a will is declared invalid due to a variety of reasons such as lack of testamentary capacity, undue influence, or improper execution. When this occurs, the distribution of the decedent’s estate becomes a complex process....
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11fraud with durable power of attorney
06
May

Dealing With a Fraudulent Durable Power of Attorney

May 6, 2023,
A durable power of attorney is a standard estate planning document. It is a powerful legal document that grants an agent broad authority to act on behalf of the principal. Unfortunately, this type of document is often prone to fraud and abuse. The Gardner v. Majors, No. 10-21-00306-CV (Tex. Ct. App.–Waco 2023) case provides an...
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11forced heirship
28
Apr

Forced Heirship in Texas Probate

April 28, 2023,
Should someone have the right to dispose of their property when they die as they see fit? Should the law impose a requirement to leave loved ones with equal shares? These competing policies have found their way into Texas probate law. Texas law used to provide for forced heirship, which resulted in equal shares and...
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11
24
Apr

Disputes Between Heirs Over Assets

April 24, 2023,
Losing a loved one is an emotionally challenging experience. The process of settling their estate is complicated. This can put the survivors under quite a bit of stress. The stress often results in people acting and taking actions that they would not normally take. This can include everything from cutting corners, skirting even the most...
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11caring for parent with dementia
21
Apr

Legal Solutions When Caring for a Parent with Dementia in Texas

April 21, 2023,
As our loved ones age, it is natural to worry about their physical and mental health. Dementia is common and something that many of us will have to contend with. Caring for a parent with dementia can be an overwhelming experience. It requires patience, empathy, and understanding to navigate the challenges that come with this...
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