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…
Category: Probate Law
Navigating the Complexities of Co-Guardianship Arrangements
Co-guardianships are complex arrangements that require careful management, especially when parents share responsibility for an incapacitated ward. Such arrangements involve a delicate balance of rights and responsibilities. However, disputes can arise, leading one parent to seek clarification and enforcement of the co-guardianship order, while the other parent proposes specific possession schedules. The In re Guardianship…
Can a Will be Probated After the Statute of Limitations Has Expired?
Texas law restricts probating wills more than four years after the testator’s death. However, there can be exceptions that would allow late probate if the applicant shows reasonable diligence and a legitimate reason to do so. The Marshall v. Estate of Freeman, No. 03-20-00449-CV (Tex. App. – Austin [3rd Dist.] 2022) case highlights how courts…
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…
Does Filing a Motion Count as a Will Contest in Texas?
Probate litigation often involves various motions filed by the parties. These include motions related to discovery requests, such as motions to compel and motions for protective orders. There are also motions to turn over property of the estate or to compel accountings by the executor. One of the key challenges in probate cases is determining…
When Is a No-Contest Clause Enforced in Texas?
A will can provide that if someone challenges the will, they are disinherited. This is referred to as a “no-contest” or “in terrorem” clause. Texas law allows for the enforcement of no-contest clauses in wills. No-contest clauses in wills are enforceable in Texas. However, Texas courts have enforced these clauses narrowly to avoid unwarranted forfeitures.…
Retirement Plan Terms Can Trump State Probate Laws
Having specific language and instructions in wills or estate plans can help distribute a decedent’s assets in accordance to their wishes. There may be cases where more than one beneficiary can lay claim to a decedent’s assets. As San Antonio probate attorneys, we often see this when individuals feel they are entitled to the property or…
How Involved Do You Have to be in a Texas Guardianship?
If you know of a legal proceeding, but do not check in on it and then miss deadlines to appeal as the case progresses, can you wait until the end and bring suit against one of the parties? Consider this in the case of a guardianship proceeding. The probate court may have a number of…
The Role of the “Fiduciary Duty” in Probate Disputes
Probate disputes often involve conflicting claims by family members. The claims can result from misunderstandings or even viewing the same facts from a different perspective. The claims can also come from outright theft and other wrongdoing. The outcome in these types of disputes can often come down to who has the burden of proof in…