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…
Tag: Probate Articles
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…
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…
Does Filing a Motion Count as a Will Contest in Texas?
Probate litigation often involves various motions filed by the parties. These include motions related to discovery requests, such as motions to compel and motions for protective orders. There are also motions to turn over property of the estate or to compel accountings by the executor. One of the key challenges in probate cases is determining…
When a Bank Forecloses on a Dead Person’s Property
If someone dies and has a mortgage, can the bank foreclose and sell the property to pay off the mortgage? This is a common situation that arises and question that we get, as Houston probate attorneys. The short answer is that, yes, the bank can foreclose, but the heirs are not without remedies. There are…