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…
Tag: Probate Articles
A Common Probate Challenge: Voiding Real Estate Deeds Based on Mental Incapacity
A family member signs over her home to a grandchild. Weeks later, she’s declared legally incapacitated. The family questions whether she truly understood what she was doing when she signed. But here’s the challenge: nobody performed a mental evaluation on the exact day she signed the deed. Does that mean the deed stands? This scenario…
What Secured Creditors Lose When They Miss the 90-Day Deadline in Dependent Administrations
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…
Attorneys Fees for Will Contests: The Good Faith Requirement
When a parent passes away leaving behind a blended family, the stage is often set for conflict. Children from different marriages may have vastly different relationships with the deceased parent, and estate planning documents sometimes reflect these complicated dynamics. Now imagine discovering that your mother’s will explicitly excludes you while including your siblings and step-siblings,…
Terms in Will for Older Trusts Controlled, Property did not Pass to Newer Trusts
When a loved one passes away, their carefully crafted estate plan should provide clear direction for distributing their assets. But what happens when the beneficiaries named in a will no longer exist by the time of death? This seemingly straightforward question becomes complex when dealing with trusts that terminated decades before the testator’s passing, yet…
When Can Probate Litigation be Dismissed Under Anti-SLAPP Laws?
A mixed family and a late marriage are often ingredients for a probate dispute. This is especially true when there are signs of mental decline and the new spouse appeared and quickly became the primary beneficiary. When these red flags combine with a will that dramatically changes long-standing estate plans, surviving family members face a…
Probate Litigation Turns Loan Into Free Use of Loan Proceeds and Decades of Free Housing
When someone dies owing substantial debts, their passing doesn’t eliminate those obligations. Instead, the debts follow them into probate court. The creditors have to pursue collection through estate administration procedures. This is why and how probate courts handle far more than just will contests and asset distributions. They can be the final battleground for unresolved…
Texas Will Construction: When “For Her Natural Life” Doesn’t Mean What You Think
A married couple has five children and owns a family ranch for nearly seventy years. When the husband dies first, he wants his wife to be able to continue operating the ranch while also providing for their children’s eventual inheritance. His will uses the phrase “for her natural life” – language that seems to clearly…
When Wills Disappear: The Presumption of Revocation in Texas
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…