Lifetime gifts of real estate generally pass outside of the probate process, as they pass prior to probate. However, these transfers are often not discovered until the death of the property owner. This is why these disputes are often part of the probate process. Probate disputes often involve disputes over property that was purportedly or…
Category: Probate Law
Will Contests and Attorney’s Fees in Texas: Who Pays When?
In Texas, the outcome of a will contest case does not always determine who will receive an award of attorney’s fees. In fact, even the winning party may not be fully reimbursed for their legal expenses. This is because the law governing attorney’s fees in will contest cases is nuanced and can vary depending on…
Beyond Words: Unintended Consequences of Ambiguous Residuary Clauses
There is an art to estate planning. The art comes from seeing how estates are administered and what types of probate disputes arise. While nearly any attorney can draft a will, it’s the probate attorney that sees the big picture. These lessons are learned from legal battles, many of which carry on for years–if not…
Revoking a Joint Ladybird Deed
Even the most comprehensive plans can go awry. Estate planning involves making educated guesses about what might happen in the future. There are certain eventualities that are known, others that are expected, and then there are those that cannot be foreseen. One area where discrepancies can arise is between transfers made in wills and Lady…
Using the Texas Probate Laws to Avoid a Foreclosure
What happens if someone owns real estate that is subject to a mortgage and the mortgage goes unpaid because they died? Can the bank foreclose on the property? If so, what steps should the surviving family members take to protect the property? The recent Midfirst Bank v. Robbinson, No. 3:22-CV-0333-M-BH (N.D. Tex. 2023) case provides…
What Happens to a Personal Guarantee When a Business Owner Dies?
The banks invariably require the owner of small businesses to sign a personal guarantee to secure a loan. But what happens to the personal guarantee when the owner dies and the business defaults on the loan? If the business defaults on the loan, the decedent’s estate can be on the hook to repay the loan.…
How Does Probate Work in Texas
Probate in Texas should be viewed as a process. It is a process that has several steps that have to be completed. The end goal of these steps is to resolve family and other disputes and identify, manage, and distribute the decedent’s property. With these goals in mind, here is a very general explanation of…
How Much Does an Estate Have to be Worth to Go to Probate in Texas?
There is no set limit for when probate administration is required or warranted in Texas. While some large estates may not have to go through probate, some small estates do. Alongside other factors such as family disputes or complex financial arrangements, the value of the estate and the nature of its assets play a significant…
Can Family Feuds Stop You From Being an Executor?
The executor or personal representative has a lot of say in a Texas probate case. Absent limitations in the will, the independent executor has a lot of power. They can do everything from deciding what property is sold and kept, what property is distributed and when, and what the value of the property is that…