Tag: probate litigation

When co-owners of property are at odds over the property, it may be necessary to have a court appoint a receiver to manage and/or sell the property. This remedy isn’t always available, as evidenced by the In re Estate of Martinez, No. 01-18-00217-CV (Tex. Ct. App.–Houston 2019) case. Facts & Procedural History The case involves…

If a probate court appoints a temporary administrator and approves a settlement for outstanding lawsuits against the estate, heirs with an interest in the estate may have limited options for challenging the decision to settle the lawsuit. The Chabot v. Estate of Sullivan, No. 03-17-00865-CV (Tex. App.-3d Dist [Austin] – 2019), case provides an example.…

Will contest suits often involve children whose inheritance is being claimed by a third party who asserts to be common law married to the childrens dead parent.  This raises questions as to whether the new spouse is entitled to all or some of the decedent’s assets.  The recent Estate of Durrell, No. 13-17-00431-CV (Tex. App. – Corpus…

Contesting a Will After the Probate Assets are Distributed There are a number of challenges an executor can face in administering an estate. Will contests are an example. These disputes can be particularly troubling if they are filed after the estate has been administered and the probate assets have been distributed. The court recently considered…

Texas Courts Strictly Construe Language in Wills The courts will generally enforce the terms of a valid will.  The focus is on the language of the will, not external evidence that suggests a different meaning for the language included in the will.  A good example of this can be found in Estate of Neal, No. 02-16-00381-CV…

In In re Perkins, 10-17-00311-CV (Tex. App.—Waco 2017), the appeals court considered whether an estate beneficiary can bring suit in district court for damages against an executor while the probate administration is pending in the county court. Facts & Procedural History The facts and procedural history are as follows: The case involved a probate dispute…

Imagine you are appointed as the executor for a family member or loved one and, as part of the probate process, you discover that the decedent transferred their primary asset to another party during their lifetime. Also imagine that they did so when they were of sound mind and it appears that they did so…

It may be convenient to have another party hold property with the intent that the property revert back to the owner when the holder dies. One way to accomplish this is to sell property to the other party and contract with that party to name the owner as the beneficiary of the property in his…

Texas wills are frequently challenged in court.  This often happens when one or more heirs feels that there was some wrongdoing or error that caused them to receive less than their fair share.  There are a number of grounds for challenging a will in Texas.  Here are the top 8 grounds for challenging a Texas…