Probate proceedings in Texas often feature multiple complex stages and interim rulings before finality is reached. This multi-phase process aims to fully and fairly administer estates, but it also creates potential complications when it comes to appealing orders issued along the way. Since appellate courts want to discourage piecemeal appeals before probate completion, only certain…
Tag: probate administration
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…
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…
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…
Texas Probates & Property Purchased in Another Person’s Name
If you are expecting a legal problem, you may take steps to move property to others. This may include buying property in the name of a third party. Take for instance a pending divorce or demand letter for a lawsuit that you might lose. Or maybe it is an unpaid IRS debt that continues to…
Can a Bank Foreclose on an Inherited Property?
The foreclosure process can be complex. It can be even more complex when the person who takes out a mortgage dies and the property passes to their beneficiaries or heirs. This can raise questions about the legal and financial responsibilities of both the inheritors of the property and the lender. Who is responsible for the…
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…
Case Study: Home Ownership After a Spouse Dies Without a Will
In Dallas, Texas, Jimmy’s life took a complicated turn when he lost his wife and was faced with navigating the nuances of Texas estate law. His stepson Bob, absent for nearly a decade, unexpectedly inherited a 50% stake in the home Jimmy thought was fully his. Texas Estates Code provides guidelines for what happens when…
Using the Texas Probate Laws to Avoid a Foreclosure
What happens if someone owns real estate that is subject to a mortgage and the mortgage goes unpaid because they died? Can the bank foreclose on the property? If so, what steps should the surviving family members take to protect the property? The recent Midfirst Bank v. Robbinson, No. 3:22-CV-0333-M-BH (N.D. Tex. 2023) case provides…