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…
Tag: probate litigation
When Can Heirs File Suit on Behalf of a Texas Estate?
Families who lose loved ones often find themselves in disagreements about property that may have been improperly transferred before a loved one’s death. When these disputes arise, the question arises as to who has the legal authority to challenge these transfers? Is it limited to the estate’s personal representative or can the heirs bring suit…
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…
Most Probate Court Orders Are Not Immediately Appealable
When a probate court makes decisions during the administration of an estate, parties who disagree with those decisions may want to appeal right away. If the probate court makes a decision that negatively impacts the party’s rights, time may be of the essence to fix it. From an economic or practical perspective, a delayed fix…
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…
When are Sanctions Levied Towards Attorneys Applicable During Court?
Courts possess significant powers to impose sanctions on attorneys who improperly abuse legal processes. Various procedural rules and statutes grant courts discretion to levy monetary sanctions when attorneys engage in frivolous litigation tactics or misconduct. As the Brenners v. Green, No. 06-20-00044-CV (Tex. App. – Texarkana [6th Dist.] 2020) case exemplifies, determining appropriate sanctions requires…
Examining Executor Authority in Texas Will Contests
When a will is contested in Texas, the scope of the executor’s authority is often disputed. Texas executors derive their authority solely from the will itself. However, competing heirs disagree on what powers the will actually grants. Critical issues like an executor’s ability to dispose of estate assets through sale or gift may hinge on…
Can an Unsigned Handwritten Document Count as a Will?
If someone dies in Texas and they left a handwritten written document that gives away their property on death, can that document be a valid will? What if the person did not sign the will? The answer is often, “yes,” as Texas law allows for handwritten wills. The courts will often admit the wills even…