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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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11probate book
19
Sep

Guardianship Claim Bars Probate Claim?

September 19, 2020, ,
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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11simultaneous signatures on will
08
Sep

Are Simultaneous Signatures Required for a Will?

September 8, 2020,
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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11probate discovery rule
30
Aug

The “Discovery Rule” in Probate Disputes

August 30, 2020,
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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11sign will with rubber stamp
26
Aug

Signing a Will With a Rubber Stamp

August 26, 2020,
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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11broken promise to heir
25
Aug

Broken Promise to Leave Property to Heir

August 25, 2020,
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 attorney homstead rights
21
Aug

Adult Child’s Rights to Parent’s House

August 21, 2020,
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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11damages in probate case
02
Apr

The Measure of Damages in Probate Litigation

April 2, 2020,
An executor has a fiduciary duty as to the beneficiaries of a probate estate. If they breach this duty, the beneficiaries still have to establish the amount of any damages. If the damage is the loss of property, the measure of damages is the fair market value of the property that was lost. This raises...
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11houston probate attorneys
11
Mar

Time Limits for Texas Probate Disputes

March 11, 2020,
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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11houston probate lawyer
16
Feb

The Term “Personal Property” in a Will Includes Bank Accounts

February 16, 2020,
When a loved one dies, the surviving family members often find that the decedent’s will included terms that they do not agree with. This may be due to family dynamics, a sense of entitlement, or simply a differing view of who should inherit. These situations often lead to probate disputes. The In re Estate of...
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11what county file probate in
17
Jan

What County do you File a Probate Application in Texas?

January 17, 2020,
Say mom dies. She was a resident of Harris County, had a second house in Liberty County, and was temporarily living in a nursing home in Fort Bend County. When she dies, in what county do you file the probate application? The quick answer is you file the application in the county in which the...
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