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…
Tag: Probate Articles
Choice-of-Law Provisions in Trusts are Not Just Boilerplate
Estate planning attorneys routinely include choice-of-law provisions in trust documents. They often defaulti to the state where the trust is created or where the attorney practices. These provisions might seem like boilerplate language, but they can profoundly impact beneficiaries’ rights decades later. The governing law determines everything from modification procedures to information rights, and these…
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…
Can a Guardian of a Minor Extend Control Beyond the Ward’s 18th Birthday?
When a minor turns 18, Texas law typically requires the prompt termination of guardianship and the transfer of assets to the new adult. Yet some guardians find ways to maintain control over assets months or even years after the ward reaches adulthood. Through procedural maneuvers like motions for new trial and appeals, guardians can extend…
When Heirs Want to Partition but Executors Want to Sell
A father dies and leaves his real estate to his two daugthers. One daughter wants to divide up and keep the property and the other daughter wants to sell the entire property. To make it more complicated, the daughter who wants to sell the property is the independent administrator under the father’s will. Is the…
Guardian Ad Litem Fees in Texas Guardianship Proceedings
When the court appoints a guardian ad litem in a guardianship proceeding to protect the interests of a proposed ward, questions inevitably arise about how these representatives are compensated and what services fall within their scope of duty. What happens when there’s a dispute over the fees a guardian ad litem has charged? What standards…
Proving Up a Lost Will in Texas Probate Court
The loss of a loved one is always a difficult time, but the stress and heartache can be compounded when the original will cannot be located. This leaves the grieving family to navigate the complex probate process with only a copy of the will to rely upon. This gets into questions on how to prove…
Will Cannot Be Probated Before Trial on the Will Contest
When a loved one passes away leaving a will, the family often wants to proceed with probate as quickly as possible to settle the estate. In cases where someone contests the will’s validity, the natural question arises: If the will appears valid on its face, why can’t the court admit it to probate now and…
Joint Account Alone Does not Disqualify Executor in Texas Probate
If an executor is appointed to administer a probate estate in Texas, can they be disqualified from serving if they had a joint checking account with the decedent during the decedent’s lifetime? This is a common fact pattern. It is common to set up joint bank accounts as part of an estate plan, so that…