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Probate Litigation

Houston Probate Litigation

Probate litigation can be complex and emotionally charged, and our team of experienced attorneys is here to help you navigate the process. Houston Probate Litigation Articles is dedicated to providing you with valuable information on probate disputes, will contests, breach of fiduciary duty, and other common issues that can arise during the probate process. We’re here to help protect your rights and ensure that your interests are represented throughout the litigation process.

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.

11probate litigation free housing
19
Jul

Probate Litigation Turns Loan Into Free Use of Loan Proceeds and Decades of Free Housing

When someone dies owing substantial debts, their passing doesn’t eliminate those obligations. Instead, the debts follow them into probate court. The creditors have to pursue collection through estate administration procedures. This is why and how probate courts handle far more than just will contests and asset distributions. They can be the final battleground for unresolved...
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11will construction for life estate
10
Jul

Texas Will Construction: When “For Her Natural Life” Doesn’t Mean What You Think

A married couple has five children and owns a family ranch for nearly seventy years. When the husband dies first, he wants his wife to be able to continue operating the ranch while also providing for their children’s eventual inheritance. His will uses the phrase “for her natural life” – language that seems to clearly...
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11Caregiver Thelft Texas
22
Jun

When Wills Disappear: The Presumption of Revocation in Texas

Elderly adults often become targets for theft by the very people hired to help them. Caregivers gain access to homes and personal belongings. They steal money and valuables. Important documents like wills often vanish during these thefts. The documents may be destroyed accidentally or lost in the chaos that follows systematic exploitation. It can create...
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11partition real estate in probate
07
Apr

When Heirs Want to Partition but Executors Want to Sell

A father dies and leaves his real estate to his two daugthers. One daughter wants to divide up and keep the property and the other daughter wants to sell the entire property. To make it more complicated, the daughter who wants to sell the property is the independent administrator under the father’s will. Is the...
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11Texas lost will
08
Feb

Proving Up a Lost Will in Texas Probate Court

The loss of a loved one is always a difficult time, but the stress and heartache can be compounded when the original will cannot be located. This leaves the grieving family to navigate the complex probate process with only a copy of the will to rely upon. This gets into questions on how to prove...
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11will contest probate
20
Nov

Will Cannot Be Probated Before Trial on the Will Contest

When a loved one passes away leaving a will, the family often wants to proceed with probate as quickly as possible to settle the estate. In cases where someone contests the will’s validity, the natural question arises: If the will contest appears valid on its face, why can’t the court admit it to probate now...
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11joint account probate dispute
02
Jun

Joint Account Alone Does not Disqualify Executor in Texas Probate

If an executor is appointed to administer a probate estate in Texas, can they be disqualified from serving if they had a joint checking account with the decedent during the decedent’s lifetime? This is a common fact pattern. It is common to set up joint bank accounts as part of an estate plan, so that...
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11does filing a motion count as a will contest in texas?
02
Jun

Does Filing a Motion Count as a Will Contest in Texas?

Probate litigation often involves various motions filed by the parties. These include motions related to discovery requests, such as motions to compel and motions for protective orders. There are also motions to turn over property of the estate or to compel accountings by the executor. The Will Contest in Houston Texas. One of the key challenges...
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11common law marriage
02
Jun

Common Law Marriage & the Race to the Courthouse When the First Spouse Dies

The statistics show that fewer and fewer people are getting married.  It is much more common for those who are in a relationship to simply forego the legal or formal process to get married.  This can have a number of unforeseen consequences. Houston Probates and Common Law Marriages. Take the case of a couple who...
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11real estate deed probate dispute
02
Jun

Probate Disputes Can Result from Ambiguous Language in Deeds

Lifetime gifts of real estate generally pass outside of the probate process, as they pass prior to probate. However, these transfers are often not discovered until the death of the property owner. The Deed Language in Houston. This is why these disputes are often part of the probate process. Probate disputes often involve disputes over...
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