When False Testimony About Parentage Derails Texas Estate Distribution

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…

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Are Inherited Retirement Plans Distributed per Texas Law or ERISA?

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…

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When Can Heirs File Suit on Behalf of a Texas Estate?

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…

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Examining the Finality of Probate Court Orders in Texas

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…

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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…

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