When an elderly person develops dementia or another condition that renders them mentally incapacitated, family members often step in as guardians to manage their affairs. The guardian pays bills, manages property, and makes healthcare decisions. But what happens when the incapacitated person is married, and family members believe the marriage should end? Can a guardian […] The post Can an Appointed Guardianship… The post Can an Appointed Guardianship File for… Continue reading Can an Appointed Guardianship File for Divorce for the Ward?

When a loved one dies due to someone else’s negligence, family members often find themselves navigating two parallel legal worlds: wrongful death claims that belong to individual family members and survival claims that belong to the deceased person’s estate. The litigation is often prosecuted by a personal injury law firm. They may or not may […] The post When Settlement Funds Belong… The post When Settlement Funds Belong to the… Continue reading When Settlement Funds Belong to the Estate, Who Can Settle Claims?

Family relationships can fray after someone dies. Money and property have a way of bringing out the worst in people. Sometimes the conflict escalates beyond angry words at the funeral or tense meetings with the lawyer. What happens when the person named as executor in the will has committed violence against another family member who […] The post Can a Guilty Plea Can Disqualify You as Executor in Texas Probate… Continue reading Can a Guilty Plea Can Disqualify You as Executor in Texas Probate Administration?

A family member signs over her home to a grandchild. Weeks later, she’s declared legally incapacitated. The family questions whether she truly understood what she was doing when she signed. But here’s the challenge: nobody performed a mental evaluation on the exact day she signed the deed. Does that mean the deed stands? This scenario […] The post A Common Probate Challenge: Voiding Real Estate Deeds Based on Mental Incapacity… Continue reading A Common Probate Challenge: Voiding Real Estate Deeds Based on Mental Incapacity

When someone dies owing you money secured by real property, you face important choices about how to collect. You hold a lien on the property itself. But what if the property doesn’t sell for enough to cover the full debt plus all accrued interest, late fees, and attorney’s fees? Can you pursue the estate for […] The post What Secured Creditors Lose When They Miss the 90-Day Deadline in Dependent… Continue reading What Secured Creditors Lose When They Miss the 90-Day Deadline in Dependent Administrations

When a loved one passes away in Texas, their will typically undergoes routine probate proceedings. Most wills follow a predictable format—several pages of bequests and instructions, concluding with a signature line where the testator signs above their printed name, followed by witness signatures. But what happens when the testator’s signature appears somewhere unexpected, perhaps on […] The post Is a Signature on Page Attached to a Will Valid? appeared first… Continue reading Is a Signature on Page Attached to a Will Valid?

When a parent passes away leaving behind a blended family, the stage is often set for conflict. Children from different marriages may have vastly different relationships with the deceased parent, and estate planning documents sometimes reflect these complicated dynamics. Now imagine discovering that your mother’s will explicitly excludes you while including your siblings and step-siblings, […] The post Attorneys Fees for Will Contests: The Good Faith Requirement appeared first on… Continue reading Attorneys Fees for Will Contests: The Good Faith Requirement

When a loved one passes away, their carefully crafted estate plan should provide clear direction for distributing their assets. But what happens when the beneficiaries named in a will no longer exist by the time of death? This seemingly straightforward question becomes complex when dealing with trusts that terminated decades before the testator’s passing, yet […] The post Terms in Will for Older Trusts Controlled, Property did not Pass to… Continue reading Terms in Will for Older Trusts Controlled, Property did not Pass to Newer Trusts

A mixed family and a late marriage are often ingredients for a probate dispute. This is especially true when there are signs of mental decline and the new spouse appeared and quickly became the primary beneficiary. When these red flags combine with a will that dramatically changes long-standing estate plans, surviving family members face a […] The post When Can Probate Litigation be Dismissed Under Anti-SLAPP Laws? appeared first on… Continue reading When Can Probate Litigation be Dismissed Under Anti-SLAPP Laws?

When someone dies owing substantial debts, their passing doesn’t eliminate those obligations. Instead, the debts follow them into probate court. The creditors have to pursue collection through estate administration procedures. This is why and how probate courts handle far more than just will contests and asset distributions. They can be the final battleground for unresolved […] The post Probate Litigation Turns Loan Into Free Use of Loan Proceeds and Decades… Continue reading Probate Litigation Turns Loan Into Free Use of Loan Proceeds and Decades of Free Housing