Guardianship proceedings in Texas can become battlegrounds almost overnight. When a family is already divided over who should care for a vulnerable loved one, court orders restricting one parent’s participation can feel like attacks rather than protections. And when a parent believes the appointed guardian is failing the ward, the impulse to keep filing motions…
Category: Probate Law
Emergency Guardianship Sales in Texas: When Can Courts Ratify Sales Completed Without Prior Approval?
It can be challeging to be a guardian. The process can be time consuming and expensive. This is particularly true when the ward needs funds for their care, but the funds are not liquid. This raises questions as to whether a guardian can just sell illiquid assets to pay for the wards care expenses? What…
Proving Equitable Adoption in Texas: What Evidence Do Courts Require?
Blended families are common across Texas. When a stepparent steps into a parental role and raises a child as their own, the emotional bonds formed can be just as strong as those between biological parents and children. However, Texas law draws a sharp distinction between stepchildren and legally adopted children when it comes to inheritance…
Mental Capacity & Property Transfers Shortly Before an Incapacity Declaration
It can be difficult to care for elderly parents when they begin showing signs of cognitive decline. Families often try to manage their affairs. This may include getting appointed as the guardian of the parent. Before being appointed, there can be questions about whether the parent can still make major financial decisions. The stakes rise…
Provision in a Will that Allows the Family to Dispose of Assets Mean that the Entire Family Inherits?
As probate attorneys, we see a lot of wills that just don’t cut it. We see everything from wills that fail to name executors, that fail to mention anything about death or dying, that fail to have witness signatures, etc. While we get that folks like to save a few dollars and skip the estate…
When are Court’s Orders in Guardianship Cases Appealable in Texas?
Say you find yourself in need of a guardianship attorney. You end up litigating an issue related to the guardianship. The court rules against you on some aspect of the case, and enters an order saying so. What rights do you have? Can you immediately appeal the order or do you have to wait until…
Can an Appointed Guardianship File for Divorce for the Ward?
When an elderly person develops dementia or another condition that renders them mentally incapacitated, family members often step in as guardians to manage their affairs. The guardian pays bills, manages property, and makes healthcare decisions. But what happens when the incapacitated person is married, and family members believe the marriage should end? Can a guardian…
Does Partial Victory in Probate Litigation Guarantee Attorney Fee Recovery?
Family disputes over estates often involve multiple fronts of litigation. A will contest might accompany challenges to beneficiary designations. Claims of undue influence might target both probate and non-probate assets. When the dust settles and the jury delivers a mixed verdict, upholding the will but invalidating an IRA designation, who pays the legal bills? This…
Can Federal Courts Resolve POD Account Disputes Despite the Probate Exception?
Payable-on-death (“POD”) accounts pass directly to named beneficiaries upon death through the contract with the financial institution. Probate court would seem the natural fit when disputes arise over who validly changed those designations. When someone dies, leaving bank accounts behind, family members typically expect the probate court to oversee the distribution of the funds. But…