When are Sanctions Levied Towards Attorneys Applicable During Court?

Courts possess significant powers to impose sanctions on attorneys who improperly abuse legal processes. Various procedural rules and statutes grant courts discretion to levy monetary sanctions when attorneys engage in frivolous litigation tactics or misconduct. As the Brenners v. Green, No. 06-20-00044-CV (Tex. App. – Texarkana [6th Dist.] 2020) case exemplifies, determining appropriate sanctions requires…

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Navigating the Complexities of Co-Guardianship Arrangements

Co-guardianships are complex arrangements that require careful management, especially when parents share responsibility for an incapacitated ward. Such arrangements involve a delicate balance of rights and responsibilities. However, disputes can arise, leading one parent to seek clarification and enforcement of the co-guardianship order, while the other parent proposes specific possession schedules. The In re Guardianship…

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Can a Will be Probated After the Statute of Limitations Has Expired?

Texas law restricts probating wills more than four years after the testator’s death. However, there can be exceptions that would allow late probate if the applicant shows reasonable diligence and a legitimate reason to do so.  The Marshall v. Estate of Freeman, No. 03-20-00449-CV (Tex. App. – Austin [3rd Dist.] 2022) case highlights how courts…

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Contracts Entered Into by a Person Who Lacks Mental Capacity

What happens if someone enters into a contract to sell property, but there is evidence that they have some mental capacity issues?  What if the mental capacity issues are serious, like dementia, and they are so significant that they warrant the appointment of a guardian shortly after the contracts are entered into?  Are the contracts…

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