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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. This category 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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11grave with flowers
25
Nov

Can a Dead Person Sue You?

November 25, 2019,
If someone dies, does Texas law allow the dead person to sue you? The answer is not as clear-cut as one would think. The court addresses this in Balderaz v. Martin, No. 13-18-00056-CV (Tex. App.-Corpus Christi 2019). Facts & Procedural History Josephine died without a will. Before she died and unrelated to her death, she...
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11Houston probate attorney settlement agreement
07
Oct

Disputing Probate Court’s Family Settlement Agreement

October 7, 2019,
Probate disputes are often resolved using family settlement agreements. These agreements can avoid the costs and delays of full will contests. But they can also lead to additional disputes. The Locasico v. Mongrain, No. 07-18-00280-CV (Tex. App.–7th Dist. 2019) case provides an example of a dispute involving a family settlement agreement in probate court. Facts...
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11remove executor
16
Sep

Can an Executor Who is Removed be Reappointed?

September 16, 2019,
Texas probate courts have broad powers that can be used to protect estates. This includes the power to remove the executor for the estate. But what if the executor did not want to be removed? What remedies do they have? The Estate of Skima, No. 05-18-01288-CV (Ct. App.–5th Dist [Dallas]), case provides an opportunity to...
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11probate book
31
Aug

Probate Disputes Involving Invalid Real Estate Transfers

August 31, 2019,
Probate disputes often involve wills that fail to provide for one or more children. This may be an inadvertent oversight or a person intentionally disinheriting one or more children. The child then files a contest to challenge the will. The probate courts provide a forum for resolving these disputes. But the omitted children may not...
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11Man at desk behind scales
20
Jul

Texas Probate: Liability for Failing to Make Distribution

July 20, 2019,
The person who serves as the personal representative in a Texas probate can be personally liable for certain actions or omissions. This includes liability for failure to make distributions. This is why many personal representatives opt for a dependent administration. But even a dependent administration does not provide full protection. The personal representative can still...
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11gavel and judge at bench
27
Apr

Who is an Interested Party in a Texas Probate?

April 27, 2019,
One generally has to be an “interested party” to participate in the probate process in Texas. The status of being an interested party is determined at the outset of the probate case and is not dependent on whether they will ultimately receive property from the estate. This was addressed by the court in the case...
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11joint-ownership-of-property-receiver
06
Apr

Appointing a Receiver to Sell Jointly Owned Property

April 6, 2019,
When co-owners of property are at odds over the property, it may be necessary to have a court appoint a receiver to manage and/or sell the property. This is somewhat common in probate cases given that family members often find themselves joint owners of property with others with whom they did not select as joint...
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11
31
Mar

Challenging Probate Court’s Order to Settle Lawsuits

March 31, 2019,
If a probate court appoints a temporary administrator and approves a settlement for outstanding lawsuits against the estate, heirs with an interest in the estate may have limited options for challenging the decision to settle the lawsuit. The Chabot v. Estate of Sullivan, No. 03-17-00865-CV (Tex. App.-3d Dist [Austin] – 2019), case provides an example....
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11letters testamentary, letters of administration
10
Feb

Voiding a Common Law Marriage After Death

February 10, 2019,
Will contest suits often involve children whose inheritance is being claimed by a third party who asserts to be common law married to the child’s dead parent.  This raises questions as to whether the new spouse is entitled to all or some of the decedent’s assets and how one would go about voiding a common-law marriage...
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11distribute probate assets
19
May

Contesting a Will After the Probate Assets are Distributed

May 19, 2018,
There are a number of challenges an executor can face in administering an estate. Will contests are an example. Even the best-written will can be challenged. These disputes can be particularly troubling if they are filed after the estate has been administered and the probate assets have been distributed. The executor may have no way...
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