In July of 2018, the father of the individual in question passed away, leaving behind an estate that needed to be probated. The individual hired an attorney to represent them in the estate mediation process, which has been ongoing for the past two years. However, after no resolution was reached, the individual’s attorney was appointed…
Tag: probate litigation
Probating a Pour Over Will in Texas: A Case Study
Probating a pour over will in Texas can be a complex process, particularly if there is property involved. In this case study, we will explore the probate process of a pour over will involving a piece of property owned by the decedent for 66 years. We will discuss the steps involved in transferring the property…
Case Study: Dispute over the Validity of a Will in Texas
In Texas, the probate process is governed by the Texas Probate Code. When a person passes away, their assets and liabilities are gathered, and their debts are paid off before distributing the remaining assets to the beneficiaries. One of the most crucial documents in the probate process is the last will and testament of the…
Overlooked Exceptions to Attorney-Client Privilege in Texas Probate Law
In the world of Texas probate law, attorneys play an essential role in advising clients on how to manage the affairs of a loved one who has passed away. Attorneys rely on the attorney-client privilege to maintain the confidentiality of communications with their clients, but this privilege is not absolute. There are several exceptions to…
Challenging a Will in Texas: A Case Study
The probate process can be a complex and emotional time for families, especially when the validity of a will is called into question. In Texas, the validity of a will can be challenged on several grounds, including fraud, undue influence, duress, and lack of capacity. In this article, we will examine a case study involving…
Texas Probate Law: A Case Study on the Distribution of a Deceased Estate
Losing a loved one is never easy, and the process of settling their estate can be complicated and emotionally taxing. This is especially true when disagreements arise between the beneficiaries of the estate. In this blog post, we will explore a case study of a common scenario faced by many families in Texas, and provide…
The “First-Filed Rule” in Texas Probate Law
In the legal world, disputes can arise over a variety of issues, and when two cases with similar subjects are filed, the question of jurisdiction often arises. This was the situation in the recent case of In re McGowan, No. 03-22-00726-CV, 2023 Tex. App. LEXIS 168 (Tex. App.—Austin January 11, 2023, original proceeding), which dealt…
Inheriting Real Property in Texas: A Guide to the Probate Process
The death of a loved one can be a difficult and emotional time, and when a will is involved, it can add an additional layer of complexity to an already challenging situation. If the deceased owned real property in Texas, the process of transferring ownership can become even more complicated. This is because Texas law…
Ademption and Voluntary Partition in Texas Probate Law
Ademption and voluntary partition are two important concepts in Texas Probate Law that are often confused. Understanding the differences between the two concepts is crucial for those who are administering an estate or creating an estate plan. Ademption in Texas Probate Law Ademption refers to the situation where a specific gift in a will or…