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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.

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11Blended-Family Probate
03
Aug

When the Surviving Spouse Intervenes and Loses Standing: Lessons from a Texas Blended-Family Probate Fight

August 3, 2026,
Blended families and intestate estates are a recipe for conflict in Texas probate. When someone dies without a will and leaves behind a surviving spouse, children from an earlier marriage, and a single piece of real estate that several people claim, the courthouse is rarely far behind. Those fights get messier still when a relative...
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11Sua Sponte Receivership
28
Jul

When the Court Steps In: How a Spouse’s Pattern of Lies Justified a Sua Sponte Receivership Over Trust Assets in Texas

July 28, 2026,
There is a scenario that estate attorneys and probate professionals see more often than they would like: an elderly or grieving testator, weakened by illness and loss, enters a new relationship late in life, and that relationship reshapes the disposition of an estate built over decades. When the new spouse then controls the finances, moves...
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11Third Party on Deed
24
Jun

When a Third Party on Deed Derails Your Texas Divorce: What Happens When the Marital Home Has a Co-Owner

June 24, 2026,
Picture a married couple who buys a home together, builds equity over the years, and then splits up. When the divorce starts, the house is the most valuable thing on the table, so everyone assumes the fight will be about how to divide the equity. Then someone notices a third name on the deed. A...
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11Separate Property Mineral Interest
06
Jun

Separate Property Mineral Interest in Texas: When a Mineral Swap Defeats a Community Property Claim

June 6, 2026,
Mineral interests pass through Texas probate estates all the time, usually quietly and without a fight. But when the decedent picked up those minerals during marriage through a trade with a family member instead of a cash purchase, whether they were community or separate property stops being routine. The stakes are real. A community property...
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11Derail Foreclosure
15
May

When Technical Requirements Derail Foreclosure: Federal Jurisdiction and Statutory Probate Liens

May 15, 2026, ,
When someone dies with a mortgage, the lender usually has a clear path to foreclosure — the note, the deed of trust, proof of default. Simple enough. But when the borrower’s heirs inherit the property and the lender sues in federal court, procedural requirements can sink an otherwise airtight case. A bank can have the...
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11Equitable Adoption
02
Mar

Proving Equitable Adoption in Texas: What Evidence Do Courts Require?

March 2, 2026, ,
Blended families are common across Texas. When a stepparent steps into a parental role and raises a child as their own, the emotional bonds formed can be just as strong as those between biological parents and children. However, Texas law draws a sharp distinction between stepchildren and legally adopted children when it comes to inheritance...
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11Void Real Estate Deed
08
Nov

A Common Probate Challenge: Voiding Real Estate Deeds Based on Mental Incapacity

November 8, 2025,
A family member signs over her home to a grandchild. Weeks later, she’s declared legally incapacitated. The family questions whether she truly understood what she was doing when she signed. But here’s the challenge: nobody performed a mental evaluation on the exact day she signed the deed. Does that mean the deed stands? This scenario...
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11Texas Probate Creditors Claim
02
Nov

What Secured Creditors Lose When They Miss the 90-Day Deadline in Dependent Administrations

November 2, 2025, ,
When someone dies owing you money secured by real property, you face important choices about how to collect. You hold a lien on the property itself. But what if the property doesn’t sell for enough to cover the full debt plus all accrued interest, late fees, and attorney’s fees? Can you pursue the estate for...
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11will contest attorneys fees
13
Aug

Attorneys Fees for Will Contests: The Good Faith Requirement

August 13, 2025,
When a parent passes away leaving behind a blended family, the stage is often set for conflict. Children from different marriages may have vastly different relationships with the deceased parent, and estate planning documents sometimes reflect these complicated dynamics. Now imagine discovering that your mother’s will explicitly excludes you while including your siblings and step-siblings,...
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11transfer to old trust lapsed
05
Aug

Terms in Will for Older Trusts Controlled, Property did not Pass to Newer Trusts

August 5, 2025,
When a loved one passes away, their carefully crafted estate plan should provide clear direction for distributing their assets. But what happens when the beneficiaries named in a will no longer exist by the time of death? This seemingly straightforward question becomes complex when dealing with trusts that terminated decades before the testator’s passing, yet...
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