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

When a loved one passes away leaving a will, the family often wants to proceed with probate as quickly as possible to settle the estate. In cases where someone contests the will’s validity, the natural question arises: If the will appears valid on its face, why can’t the court admit it to probate now and […] The post Will Cannot Be Probated Before Trial on the Will Contest appeared first… Continue reading Will Cannot Be Probated Before Trial on the Will Contest

If an executor is appointed to administer a probate estate in Texas, can they be disqualified from serving if they had a joint checking account with the decedent during the decedent’s lifetime? This is a common fact pattern. It is common to set up joint bank accounts as part of an estate plan, so that […] The post Joint Account Alone Does not Disqualify Executor in Texas Probate appeared first… Continue reading Joint Account Alone Does not Disqualify Executor in Texas Probate

Probate proceedings in Texas often feature multiple complex stages and interim rulings before finality is reached. This multi-phase process aims to fully and fairly administer estates, but it also creates potential complications when it comes to appealing orders issued along the way. Since appellate courts want to discourage piecemeal appeals before probate completion, only certain […] The post Examining the Finality of Probate Court Orders in Texas appeared first on… Continue reading Examining the Finality of Probate Court Orders in Texas

Probate litigation often involves various motions filed by the parties. These include motions related to discovery requests, such as motions to compel and motions for protective orders. There are also motions to turn over property of the estate or to compel accountings by the executor.  One of the key challenges in probate cases is determining […] The post Does Filing a Motion Count as a Will Contest in Texas? appeared… Continue reading Does Filing a Motion Count as a Will Contest in Texas?

If someone dies and has a mortgage, can the bank foreclose and sell the property to pay off the mortgage?  This is a common situation that arises and question that we get, as Houston probate attorneys.   The short answer is that, yes, the bank can foreclose, but the heirs are not without remedies.  There are […] The post When a Bank Forecloses on a Dead Person’s Property appeared first on… Continue reading When a Bank Forecloses on a Dead Person’s Property

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 […] The post Common Law Marriage & the Race to the Courthouse When the First… Continue reading Common Law Marriage & the Race to the Courthouse When the First Spouse Dies

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 […] The post Can a Sibling Be Appointed Guardian Over the Wishes of the Sibling’s… Continue reading Can a Sibling Be Appointed Guardian Over the Wishes of the Sibling’s Spouse?

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 […] The post Probate Disputes Can Result from Ambiguous Language in Deeds appeared first on… Continue reading Probate Disputes Can Result from Ambiguous Language in Deeds