The rise in the aging population has resulted in an increase of deceased borrowers in Texas, leaving behind a complicated situation for both their families and mortgage lenders. The mortgage loan becomes due and payable in full, even if the estate cannot cover the remaining balance. This can lead to probate proceedings and a struggle…
Tag: probate court
Illegal Sales and Possession of Property in Texas Probate: A Real-Life Example
Probate is the legal process of distributing a deceased person’s assets to their beneficiaries. It can be a confusing and stressful time for beneficiaries, especially if the executor of the estate is not communicating or acting in their best interest. This blog post will explore a case study of a beneficiary seeking assets from their…
What to Do When a Loved One’s Assets Go Unclaimed in Texas
When a loved one passes away, the process of distributing their assets can be a difficult and emotional time for family members. In some cases, assets may go unclaimed, leaving the next of kin wondering what to do. This is the situation for our protagonist in this case study, who was told by his aunt…
What to Do When Beneficiaries Disagree
When a loved one passes away, the process of settling their estate can be a difficult and emotional time. Unfortunately, it can also be a time when family members may disagree over the distribution of assets. In this article, we will take a look at a real-life case study involving probate law in Texas, and…
Understanding Restricted Appeals in Texas Probate Cases
Probate is the legal process by which a court oversees the distribution of a deceased person’s assets and property. In Texas, probate can be a complex and time-consuming process, especially when it comes to appeals. In this article, we will discuss the concept of restricted appeals in Texas probate cases and what it means for…
What Is the Correct Standard of Review on a Probate Appeal?
When a person passes away, their assets and property must be distributed according to their will or, if they did not leave a will, according to state law. This process is known as probate. In Texas, probate proceedings take place in the probate court, and any disputes that arise during the process can be appealed…
Can a marking such as an “x” be enough to validate a signature on a will in Texas?
When it comes to creating a will, it is important to make sure that the document is properly signed and executed. In Texas, there are certain requirements that must be met in order for a will to be considered valid. One question that often arises is whether or not a simple marking, such as an…
When Can a Will Be Legally Revoked?
In the Texas case of In re Estate of Capps, the court was faced with the question of whether the decedent’s will had been revoked. According to Texas law, a will can be revoked either by physically destroying it, by making a new will that revokes the old one, or by making a statement indicating…
How Do I Contest a Will in Texas?
After the death of a loved one, the last thing you want to deal with is legal paperwork and court battles. But if you feel like you have been wrongfully left out of a will, or if you think the will is not valid, you may have no choice but to contest it. The process…