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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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02
Jun

How to Use the Bill of Review in Probate Disputes

The probate court gets it wrong sometimes. When it does, and it issues a final order, the parties usually have the right to appeal the order. There are times when one or more parties do not have notice of the probate court order and miss the deadline to file the appeal. This is where the...
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11Aging Parent with Dementia
02
Jun

Inherited Retirement Accounts: The Basics

If you’re like most people, you probably don’t think too much about what would happen to your retirement account if you died. But it’s actually a pretty important question, especially if you live in Texas. Inheriting a retirement account can be a significant financial asset, but it also comes with several complexities and tax implications....
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11Fiduciary-Duty
02
Jun

To Whom Do Executors Owe a Fiduciary Duty?

A fiduciary is a person who holds a legal or ethical relationship of trust with another party. If a person is a fiduciary, they have what is called a fiduciary duty to that party. A fiduciary duty can exist in several special relationships or circumstances and the type of duty that exists between a fiduciary...
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11lawyer sitting at a desk
02
Jun

“I Didn’t Know” Defense for Not Complying with Probate Deadlines

When someone dies with a will, it may not always be self-evident that the will has to be admitted to probate. This is often the case in estates where all of the assets pass to a surviving spouse. The surviving spouse may assume that they automatically succeed to title to all assets. And they may...
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02
Jun

Estate Planning for Blended Families & Minor Children

One of the most challenging fact patterns when it comes to estate planning is the blended family, such as a couple who get divorced and there are children from later marriages. This gets particularly difficult to plan for when minor children are involved. The combination of step-children and minor children can result in some odd...
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02
Jun

Do All Will Beneficiaries Need to Participate in a Will Contest?

Generally, all interested parties have to be included in the litigation. This is a fundamental rule in our system of justice. There are times when this is not required, however. There are instances where the rules say that interested parties do not have to be joined. This is often to avoid unnecessary delays or to...
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11
02
Jun

When Is a Probate Estate Legally Closed in Texas?

When someone goes through the process of probating an estate, this usually means that they will have to gather, manage, and distribute the deceased’s assets. This process can take quite some time in a Texas probate. In fact, in most cases, the probate administration is never closed. The probate stays open indefinitely. The In re...
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02
Jun

Evidentiary Standard in Texas Probate Cases: Preponderance of Evidence

Most litigation matters are decided based on evidentiary standards. The winner is the one that presents enough evidence based on the evidentiary standard that applies. This might seem to provide clear-cut rules, but it doesn’t. The standards are not clear and when one standard is to be applied over another is also not clear. The...
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02
Jun

How to Handle Small Estates in Texas with Limited Assets

Not everyone has significant assets when they die. Some of us die owning just a bank account, a no-so-expensive home, some personal effects, or a combination of these assets. While the value of these assets may be nominal, they still have value and, likely, there are heirs that would like to have the assets. This...
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11chair-at-desk-with-open-book
02
Jun

What Should You Do If a Will is Invalid?

If you doubt the validity of a will, there are a few things you can do. You can file a petition with the court to have the will probated, or you can file an objection to the probate. If you have grounds to believe that the will is invalid, the court will investigate your claims...
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