What happens if someone enters into a contract to sell property, but there is evidence that they have some mental capacity issues? What if the mental capacity issues are serious, like dementia, and they are so significant that they warrant the appointment of a guardian shortly after the contracts are entered into? Are the contracts…
Category: Probate Law
Evicting a Beneficiary from Probate Property
When it comes to Texas probate, there are some common disputes that can be exceedingly difficult to navigate. One of these is the situation when an executor is obligated to sell real estate and distribute the proceeds to more than one beneficiary, but he or she cannot do so as there is someone living in…
About Court Sanctions in Texas Probate Cases
When you make a filing with the courts or enter an appearance, you are subjecting yourself to the rules of the court. Litigation is a serious matter. It has real-world consequences, like sanctions, which can be very serious. The courts have a number of laws and rules at their disposal to ensure that the parties…
Texas Probates & Property Purchased in Another Person’s Name
If you are expecting a legal problem, you may take steps to move property to others. This may include buying property in the name of a third party. Take for instance a pending divorce or demand letter for a lawsuit that you might lose. Or maybe it is an unpaid IRS debt that continues to…
Common Law Marriage & the Race to the Courthouse When the First Spouse Dies
The statistics show that fewer and fewer people are getting married. It is much more common for those who are in a relationship to simply forego the legal or formal process to get married. This can have a number of unforeseen consequences. Take the case of a couple who held themselves out as being married…
Can a Bank Foreclose on an Inherited Property?
The foreclosure process can be complex. It can be even more complex when the person who takes out a mortgage dies and the property passes to their beneficiaries or heirs. This can raise questions about the legal and financial responsibilities of both the inheritors of the property and the lender. Who is responsible for the…
Proving a Forged Will in Court Using Testimony & Handwriting Expert
The validity of a will can be a contentious issue within families. Whether attested or holographic, wills must meet specific criteria to be considered authentic and to be admitted to probate. When allegations of forgery arise, the question becomes: Can the authenticity of a will be proven and what evidence is used to prove the…
When Can an Executor Be Removed for Conflicts of Interest?
The probate process involves settling the decedent’s financial obligations, paying debts and taxes, identifying and appraising assets, and distributing the remaining assets to the rightful beneficiaries or heirs. This is a multifaceted process that involves a careful balance of probate laws, family relationships, beneficiary interests, and executor responsibilities. One particularly crucial aspect of the probate…
Can a Sibling Be Appointed Guardian Over the Wishes of the Sibling’s Spouse?
The term “guardianship” refers to the court supervision of an incapacitated person. The court appoints a guardian and grants them legal authority to make personal and/or financial decisions for the incapacitated person. This can be needed if, for example, the incapacitated person owes debts to others. This can be a lengthy process and it can…