Probate cases can be challenging given the different parties involved. In some cases, family members who have lifetime differences and long-running disputes are forced to work together to wind up the decedent’s last affairs. These disputes often end up in probate court. This can result in disputes and overreaching. The recent Estate of Allen, 658…
Tag: probate administration
Inheritance with No Will in Texas
Dealing with the loss of a loved one is never easy, and it can be even more challenging when there is no clear plan for their assets. In Texas, when someone passes away without a will, their assets are subject to the state’s intestacy laws. This means that the court will distribute the assets according…
Navigating an Estate Without a Will
Dealing with the death of a loved one is never easy, but it can be especially challenging when they pass away without a will. This is what is commonly referred to as an estate without a will or “intestate succession.” In this case study, we will explore the complex issues that can arise in these…
Transfer-On-Death Designations in Texas Probate Law
When it comes to estate planning in Texas, there are many different tools and strategies available. One option that is often overlooked, but can be incredibly useful, is the use of transfer-on-death (TOD) designations. These designations allow you to name beneficiaries for certain assets, which will then pass to them automatically upon your death, outside…
Informal Marriage and Intestate Succession in Texas
In Texas, informal marriage and intestate succession are two areas of law that can unexpectedly collide. An informal marriage is relatively easy to enter into, and if a person enters into an informal marriage prior to their passing, this can create an additional heir, leading to potential conflicts in an heirship proceeding. To avoid such…
Will vs. Estate Planning: What’s the Difference?
Introduction: Will vs. Estate Planning Many people think that creating a last will and testament is all that is needed to protect their assets and ensure that their loved ones are taken care of after they pass away. However, a will is only a part of a comprehensive estate plan that can provide greater protection,…
Texas Probate Law Case Study – Representation in Estate Mediation
In July of 2018, the father of the individual in question passed away, leaving behind an estate that needed to be probated. The individual hired an attorney to represent them in the estate mediation process, which has been ongoing for the past two years. However, after no resolution was reached, the individual’s attorney was appointed…
Legal Challenges of an Aging Parent with Dementia in Texas
As our loved ones age, we want to ensure that they receive the best possible care and support. However, when a parent develops dementia, the legal and financial issues can be overwhelming. In Texas, the probate laws regulate the management of the assets and affairs of incapacitated persons, including those with dementia. In this article,…
Probating a Pour Over Will in Texas: A Case Study
Probating a pour over will in Texas can be a complex process, particularly if there is property involved. In this case study, we will explore the probate process of a pour over will involving a piece of property owned by the decedent for 66 years. We will discuss the steps involved in transferring the property…