Family disputes over estates often involve multiple fronts of litigation. A will contest might accompany challenges to beneficiary designations. Claims of undue influence might target both probate and non-probate assets. When the dust settles and the jury delivers a mixed verdict, upholding the will but invalidating an IRA designation, who pays the legal bills? This…
Tag: Articles
Can Federal Courts Resolve POD Account Disputes Despite the Probate Exception?
Payable-on-death (“POD”) accounts pass directly to named beneficiaries upon death through the contract with the financial institution. Probate court would seem the natural fit when disputes arise over who validly changed those designations. When someone dies, leaving bank accounts behind, family members typically expect the probate court to oversee the distribution of the funds. But…
Undue Influence Claims Texas Probates for Late-Life Remarriage and Relationships
Last minute estate plan changes often result in disputes. These disputes often involve situations where a elderly and newly widowed parent remarries or finds a new romantic partner quickly after their spouse’s death. There are often questions by the adult children about whether the new spouse or partner gained influence over the parents’ finances, particularly…
Can You Remove a Trust Dispute from Probate Court to the New Texas Business Court?
The Texas legislature created business courts to handle litigation cases involving business matters. The jurisdiction and scope of cases the courts can hear has not been fully fleshed out yet. Since many probate estates and trusts include family-controlled partnerships and LLCs, this begs the question as to whether these disputes should be litigated in probate…
Is a Brokerage Account Form that is Altered to add a “Survivorship” Designation Valid?
Married couples often rely on bank or brokerage representatives to handle the paperwork when they set up their accounts. The spouses may sign forms and then discuss the types of accounts or authorizations after they have already signed the forms. This begs the question as sto what happens when there is evidence that boxes on…
When False Testimony About Parentage Derails Texas Estate Distribution
Blended families face unique challenges when a loved one dies without a will in Texas. Step-parents, step-children, and biological children have to navigate complex inheritance rules that depend heavily on family relationships. The stakes can be very higher when community property is involved. Distribution of community property can shift between a surviving spouse and children…
Contesting a Will After Filing a Waiver in the Probate
Your parent dies and you and your sibling are on good terms. There is a will. You agree that the will is valid. Your sibling is named as the executor in the will. To help facilitate and speed up the probate of the will, you sign a waiver consenting to the will being probated. This…
Nursing Home Negligence Cases: The Importance of Expert Reports
Nursing home negligence cases often begin with a family’s discovery that their loved one suffered preventable harm while under medical care. These discoveries are often not made until after the loved one dies. When this happens, Texas law provides specific procedures for holding healthcare providers accountable. A cornerstone of these procedures is the expert report…
When Can Heirs File Suit on Behalf of a Texas Estate?
Families who lose loved ones often find themselves in disagreements about property that may have been improperly transferred before a loved one’s death. When these disputes arise, the question arises as to who has the legal authority to challenge these transfers? Is it limited to the estate’s personal representative or can the heirs bring suit…