Tag: Article

Disputes over real property in a Texas probate estate can move fast. An heir or interested party may rush to court for a temporary injunction to stop another claimant from damaging, encumbering, or demolishing property that may belong to the estate. The probate court grants the injunction. Relief secured. Or so it seems. Here is […]

The post When a Temporary Injunction Backfires: How Rule 683 Can Unravel Probate Court Orders Protecting Estate Property appeared first on El Paso Probate Attorneys.

When a will is contested in Texas, the scope of the executor’s authority is often disputed. Texas executors derive their authority solely from the will itself. However, competing heirs disagree on what powers the will actually grants. Critical issues like an executor’s ability to dispose of estate assets through sale or gift may hinge on […]

The post Examining Executor Authority in Texas Will Contests appeared first on El Paso Probate Attorneys.

A will can provide that if someone challenges the will, they are disinherited. This is referred to as a “no-contest” or “in terrorem” clause. Texas law allows for the enforcement of no-contest clauses in wills.  No-contest clauses in wills are enforceable in Texas.  However, Texas courts have enforced these clauses narrowly to avoid unwarranted forfeitures. […]

The post When Is a No-Contest Clause Enforced in Texas? appeared first on El Paso Probate Attorneys.

Lifetime transgressions can and do often come to a head when someone dies.  This can include a variety of family issues, including those that some may consider taboo. Take the example of where an uncle purports to marry his niece.  Texas law does not allow such a marriage, but, apparently, some jurisdictions do.  What happens […]

The post When an Uncle Marries a Niece: Can the Niece Inherit as a Surviving Spouse? appeared first on El Paso Probate Attorneys.