With Memorial Day around the corner, many Houston residents are making their weekend plans. Now that the CDC guidelines have been updated and the number of fully vaccinated people continues to grow, it is no surprise that celebrating with friends and family is top of the list. While Memorial Day is often a day of…
Category: Probate Law
Surgeon Leaves Wife and Daughters Dream House After Losing Battle with Cancer
Being left behind by a loved one is never easy. This can be made increasingly difficult if the deceased did not make arrangements for what they left behind. Proper estate planning is key to helping your family move forward in your absence. Ray Valdez, an orthopedic surgeon in the Houston-area, made sure to do just…
Legendary Actress Olympia Dukakis Dies at the Age of 89
On the first of this month, a shining star left this earth. Olympia Dukakis, perhaps best known for her roles in “Moonstruck” and “Steel Magnolias”, passed away at the age of 89. Dukakis was known for her sharp, witty, and hilarious character work. In her long, successful career she brought dynamic roles to life and…
Court Makes Ruling in Michael Jackson Estate Case
When estates are left behind, particularly large ones, there is often a dispute. Such is the case with the estate of the late Michael Jackson. Even though he left this earth over a decade ago, the value of aspects of his estate is just now being decided by the courts. Michael Jackson was undoubtedly one…
Probate After a Muniment of Title
Muniment of title is an alternative to the probate process in Texas. It is cost-efficient. It is fast–relatively speaking. A Will is required. Instead of appointing you as the executor, the probate court enters an order distributing property according to the Will. And walla! But what if the story does not end there? What if…
Drafting Agreements in Probate Cases
The beneficiaries and heirs of a probate estate are not stuck with the distributions set out in the decedent’s will or by Texas intestacy laws. The beneficiaries and heirs can agree among themselves to some other distribution scheme. This usually involves negotiating and recording the agreement in a family settlement agreement. A carefully drafted settlement…
Nonresident Executor Subject to Texas Jurisdiction
Many courts shifted to online zoom hearings when the COVID virus situation started. This includes probate courts in Texas. This makes sense. Many probate hearings require witnesses. The witnesses are usually friends and acquaintances of the deceased. As with the deceased, generally, they are usually older. They may be more susceptible to have a strong…
Anti-Defamation Law Trumps Terms of Trust
There are laws that conflict with other laws. These conflicts are often due to competing policies. What may have been a good policy for one fact pattern, may not be a good policy given a slightly different fact pattern. The recent Marshall v. Marshall, Nos. 14-18-00094-CV, 14-18-00095-CV (Tex. App–Houston [14th]), case provides an example. The…
Guardianship Claim Bars Probate Claim?
Guardianship Claim Bars Probate Claim? Imagine that you are owed money by someone who becomes incapacitated and they have a guardian appointed. Your debt is not secured by any property, such as real estate. The guardian sends you a notice to submit your claim for payment. The debtor is of an advanced age or not…