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…
Tag: Articles
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…
Can an Unsigned Handwritten Document Count as a Will?
If someone dies in Texas and they left a handwritten written document that gives away their property on death, can that document be a valid will? What if the person did not sign the will? The answer is often, “yes,” as Texas law allows for handwritten wills. The courts will often admit the wills even…
Retirement Plan Terms Can Trump State Probate Laws
Having specific language and instructions in wills or estate plans can help distribute a decedent’s assets in accordance to their wishes. There may be cases where more than one beneficiary can lay claim to a decedent’s assets. As San Antonio probate attorneys, we often see this when individuals feel they are entitled to the property or…
How Involved Do You Have to be in a Texas Guardianship?
If you know of a legal proceeding, but do not check in on it and then miss deadlines to appeal as the case progresses, can you wait until the end and bring suit against one of the parties? Consider this in the case of a guardianship proceeding. The probate court may have a number of…
The Role of the “Fiduciary Duty” in Probate Disputes
Probate disputes often involve conflicting claims by family members. The claims can result from misunderstandings or even viewing the same facts from a different perspective. The claims can also come from outright theft and other wrongdoing. The outcome in these types of disputes can often come down to who has the burden of proof in…
Can You Revoke a Joint Lady Bird Deed?
Lady Bird Deeds are a popular estate planning tool in Texas that allow property owners to retain a life estate while transferring their property to a designated beneficiary upon death. The key benefit is that they can be revoked if situations or desires change. But what about joint Lady Bird Deeds executed by both spouses? …
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…
Evicting a Beneficiary from Probate Property
When it comes to Texas probate, there are some common disputes that can be exceedingly difficult to navigate. One of these is the situation when an executor is obligated to sell real estate and distribute the proceeds to more than one beneficiary, but he or she cannot do so as there is someone living in…