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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Proving a Forged Will in Court Using Testimony & Handwriting Expert

The validity of a will can be a contentious issue within families. Whether attested or holographic, wills must meet specific criteria to be considered authentic and to be admitted to probate.  When allegations of forgery arise, the question becomes: Can the authenticity of a will be proven and what evidence is used to prove the…

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When Can an Executor Be Removed for Conflicts of Interest?

The probate process involves settling the decedent’s financial obligations, paying debts and taxes, identifying and appraising assets, and distributing the remaining assets to the rightful beneficiaries or heirs.  This is a multifaceted process that involves a careful balance of probate laws, family relationships, beneficiary interests, and executor responsibilities.  One particularly crucial aspect of the probate…

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How Does Probate Work in Texas

Probate in Texas should be viewed as a process. It is a process that has several steps that have to be completed. The end goal of these steps is to resolve family and other disputes and identify, manage, and distribute the decedent’s property. With these goals in mind, here is a very general explanation of…

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