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…
Tag: probate litigation
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…
A Case Study on Contesting a Will in Texas
Probate law can be complex and confusing, especially when it comes to issues of inheritance and validity of wills. This case study focuses on a specific situation in Texas probate law, where an individual believes that a will filed after his grandfather’s death is invalid and that the grandfather’s real siblings should be entitled to…
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…