When a Texas homeowner dies and the mortgage is still outstanding, the debt does not die with the borrower. The lender’s right to foreclose does not die either. What changes is who owns the house. And under Texas law, ownership shifts the instant the homeowner takes her last breath — title passes by operation of […]
The post Mortgage Foreclosure After Death: What Texas Heirs Need to Know appeared first on San Antonio Probate Attorneys.
When a loved one passes away with outstanding debts, someone has to sort through the claims against the estate. Creditors have to follow specific steps to get paid, and the deadlines are strict. Miss a filing window by even one day, and a claim that might otherwise be completely valid can be permanently barred. What […]
The post Miss the 90-Day Deadline to Sue on a Rejected Estate Claim? Your Secured Claim May Be Gone for Good appeared first on El Paso Probate Attorneys.
When a loved one dies due to someone else’s negligence, family members often find themselves navigating two parallel legal worlds: wrongful death claims that belong to individual family members and survival claims that belong to the deceased person’s estate. The litigation is often prosecuted by a personal injury law firm. They may or not may […]
The post When Settlement Funds Belong to the Estate, Who Can Settle Claims? appeared first on Houston Probate Attorneys.
Family relationships can fray after someone dies. Money and property have a way of bringing out the worst in people. Sometimes the conflict escalates beyond angry words at the funeral or tense meetings with the lawyer. What happens when the person named as executor in the will has committed violence against another family member who […]
The post Can a Guilty Plea Can Disqualify You as Executor in Texas Probate Administration? appeared first on Houston Probate Attorneys.
When someone dies owing you money secured by real property, you face important choices about how to collect. You hold a lien on the property itself. But what if the property doesn’t sell for enough to cover the full debt plus all accrued interest, late fees, and attorney’s fees? Can you pursue the estate for […]
The post What Secured Creditors Lose When They Miss the 90-Day Deadline in Dependent Administrations appeared first on Houston Probate Attorneys.
Elderly adults often become targets for theft by the very people hired to help them. Caregivers gain access to homes and personal belongings. They steal money and valuables. Important documents like wills often vanish during these thefts. The documents may be destroyed accidentally or lost in the chaos that follows systematic exploitation. It can create […]
The post When Wills Disappear: The Presumption of Revocation in Texas appeared first on Houston Probate Attorneys.
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 […]
The post When False Testimony About Parentage Derails Texas Estate Distribution appeared first on Austin Probate Attorneys.
Most married couples assume that when one spouse dies, their retirement assets will automatically pass to the surviving spouse. But what happens when both spouses die within days of each other? Do Texas survival statutes requiring a beneficiary to survive the deceased by 120 hours apply to ERISA retirement plans? Or do the plan documents […]
The post Are Inherited Retirement Plans Distributed per Texas Law or ERISA? appeared first on Houston Probate Attorneys.
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 […]
The post When Can Heirs File Suit on Behalf of a Texas Estate? appeared first on Dallas Probate Attorneys.