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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…

Probate cases are handled by a number of different courts in Texas. This can include statutory probate courts, county courts, and even district courts. Regardless of the type of court, one thing holds constant: the court is busy. Most courts in Texas have high caseloads. This is true of statutory probate courts in the largest…

Probate cases can be challenging given the different parties involved. In some cases, family members who have lifetime differences and long-running disputes are forced to work together to wind up the decedent’s last affairs. These disputes often end up in probate court. This can result in disputes and overreaching. The recent Estate of Allen, 658…

What happens when there is a dispute between parties regarding the validity of a life insurance beneficiary designation? This scenario raises complex legal questions surrounding conflicting claims and the rightful entitlement to life insurance proceeds. The solution lies within the realm of “interpleader” lawsuits. These legal actions offer a remedy when parties notify the life…

This case study involves a widow who was seeking assistance to access her late husband’s bank accounts. Despite presenting an affidavit of death and a death certificate and being the successor on the account, she was told by the bank that she needed a letter testamentary to access the account. This situation was complicated by…

When a person passes away, their will typically outlines the distribution of their estate. However, there may be instances where a will is declared invalid due to a variety of reasons such as lack of testamentary capacity, undue influence, or improper execution. When this occurs, the distribution of the decedent’s estate becomes a complex process.…

A durable power of attorney is a standard estate planning document. It is a powerful legal document that grants an agent broad authority to act on behalf of the principal. Unfortunately, this type of document is often prone to fraud and abuse. The Gardner v. Majors, No. 10-21-00306-CV (Tex. Ct. App.–Waco 2023) case provides an…

Scoby v. Sweatt, 28 Tex. 713 (1866) is a significant case in Texas probate law. The case involved a dispute between James Scoby (Plaintiff) and the executors of Edward Sweatt’s (Decedent) estate. The dispute centered on Decedent’s will, which did not give his children equal shares of his estate, contrary to the law of forced…

As our loved ones age, we want to ensure that they receive the best possible care and support. However, when a parent develops dementia, the legal and financial issues can be overwhelming. In Texas, the probate laws regulate the management of the assets and affairs of incapacitated persons, including those with dementia. In this article,…

Here is a Case Study from our firm’s files on Texas probate law. All information has been sanitized. Background Information Mr. Smith’s wife passed away from stage 4 cancer. She was retired military and receiving disability benefits from the Veterans Administration. Mrs. Smith had no will, and some checks made out to her estate have…