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

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 […] The post Will Contests and Attorney’s Fees in Texas: Who Pays When? appeared first… Continue reading Will Contests and Attorney’s Fees in Texas: Who Pays When?

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 […] The post Beyond Words: Unintended Consequences of Ambiguous Residuary Clauses appeared first on Kreig… Continue reading Beyond Words: Unintended Consequences of Ambiguous Residuary Clauses

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 […] The post Revoking a Joint Ladybird Deed appeared first on Kreig LLC. Read More