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

A married couple has five children and owns a family ranch for nearly seventy years. When the husband dies first, he wants his wife to be able to continue operating the ranch while also providing for their children’s eventual inheritance. His will uses the phrase “for her natural life” – language that seems to clearly […] The post Texas Will Construction: When “For Her Natural Life” Doesn’t Mean What You… Continue reading Texas Will Construction: When “For Her Natural Life” Doesn’t Mean What You Think

Elderly adults often become targets for theft by the very people hired to help them. Caregivers gain access to homes and personal belongings. They steal money and valuables. Important documents like wills often vanish during these thefts. The documents may be destroyed accidentally or lost in the chaos that follows systematic exploitation. It can create […] The post When Wills Disappear: The Presumption of Revocation in Texas appeared first on… Continue reading When Wills Disappear: The Presumption of Revocation in Texas

Estate planning attorneys routinely include choice-of-law provisions in trust documents. They often defaulti to the state where the trust is created or where the attorney practices. These provisions might seem like boilerplate language, but they can profoundly impact beneficiaries’ rights decades later. The governing law determines everything from modification procedures to information rights, and these […] The post Choice-of-Law Provisions in Trusts are Not Just Boilerplate appeared first on Kreig… Continue reading Choice-of-Law Provisions in Trusts are Not Just Boilerplate

Most married couples assume that when one spouse dies, their retirement assets will automatically pass to the surviving spouse. But what happens when both spouses die within days of each other? Do Texas survival statutes requiring a beneficiary to survive the deceased by 120 hours apply to ERISA retirement plans? Or do the plan documents […] The post Are Inherited Retirement Plans Distributed per Texas Law or ERISA? appeared first… Continue reading Are Inherited Retirement Plans Distributed per Texas Law or ERISA?

Families facing the loss of a loved one often confront unexpected challenges in the probate process. This is specially true when there is no will. This is also especially true for children born outside of marriage. This is also especially true with Texas probates, given the advanced body of probate law in Texas. These children […] The post When Half-Sibling DNA Testing Establishes Texas Inheritance Rights appeared first on Kreig… Continue reading When Half-Sibling DNA Testing Establishes Texas Inheritance Rights

When a minor turns 18, Texas law typically requires the prompt termination of guardianship and the transfer of assets to the new adult. Yet some guardians find ways to maintain control over assets months or even years after the ward reaches adulthood. Through procedural maneuvers like motions for new trial and appeals, guardians can extend […] The post Can a Guardian of a Minor Extend Control Beyond the Ward’s 18th… Continue reading Can a Guardian of a Minor Extend Control Beyond the Ward’s 18th Birthday?

A father dies and leaves his real estate to his two daugthers. One daughter wants to divide up and keep the property and the other daughter wants to sell the entire property. To make it more complicated, the daughter who wants to sell the property is the independent administrator under the father’s will. Is the […] The post When Heirs Want to Partition but Executors Want to Sell appeared first… Continue reading When Heirs Want to Partition but Executors Want to Sell

When the court appoints a guardian ad litem in a guardianship proceeding to protect the interests of a proposed ward, questions inevitably arise about how these representatives are compensated and what services fall within their scope of duty. What happens when there’s a dispute over the fees a guardian ad litem has charged? What standards […] The post Guardian Ad Litem Fees in Texas Guardianship Proceedings appeared first on Kreig… Continue reading Guardian Ad Litem Fees in Texas Guardianship Proceedings

The loss of a loved one is always a difficult time, but the stress and heartache can be compounded when the original will cannot be located. This leaves the grieving family to navigate the complex probate process with only a copy of the will to rely upon. This gets into questions on how to prove […] The post Proving Up a Lost Will in Texas Probate Court appeared first on… Continue reading Proving Up a Lost Will in Texas Probate Court