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11partnership agreement probate Texas
Family partnerships often face transition challenges when a partner dies. The surviving partners may reach settlement agreements to resolve partnership interests, but what happens when one party later tries to back out based on claims about the partnership’s condition? Can Texas courts still enforce these agreements? The Eleventh Court of Appeals recently considered the enforceability...
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11divorce not final before you die
The sudden loss of a loved one is one of life’s most painful experiences. When that loss is compounded by legal complexities around the decedent’s marital status and estate, the situation becomes even more stressful for the grieving family. This is the difficult reality at the heart of the Texas probate case In re Williams,...
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11appealing probate court orders
When a probate court makes decisions during the administration of an estate, parties who disagree with those decisions may want to appeal right away. If the probate court makes a decision that negatively impacts the party’s rights, time may be of the essence to fix it. From an economic or practical perspective, a delayed fix...
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11sanctions
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11can an unsigned handwritten document count as a will
If someone dies in Texas and they left a handwritten written document that gives away their property on death, can that document be a valid will?  What if the person did not sign the will? The answer is often, “yes,” as Texas law allows for handwritten wills.  The courts will often admit the wills even...
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11The Role of the “Fiduciary Duty” in Probate Disputes
Probate disputes often involve conflicting claims by family members. The claims can result from misunderstandings or even viewing the same facts from a different perspective. The claims can also come from outright theft and other wrongdoing. The outcome in these types of disputes can often come down to who has the burden of proof in...
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11lady bird
Lady Bird Deeds are a popular estate planning tool in Texas that allow property owners to retain a life estate while transferring their property to a designated beneficiary upon death.  The key benefit is that they can be revoked if situations or desires change.  But what about joint Lady Bird Deeds executed by both spouses? ...
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11sanctions in texas probate
When you make a filing with the courts or enter an appearance, you are subjecting yourself to the rules of the court.  Litigation is a serious matter.  It has real-world consequences, like sanctions, which can be very serious. The courts have a number of laws and rules at their disposal to ensure that the parties...
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11courtroom justice independent executor
The probate process involves settling the decedent’s financial obligations, paying debts and taxes, identifying and appraising assets, and distributing the remaining assets to the rightful beneficiaries or heirs.  This is a multifaceted process that involves a careful balance of probate laws, family relationships, beneficiary interests, and executor responsibilities.  One particularly crucial aspect of the probate...
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11inherit house spouse no will
In Fort Worth, Texas, Jimmy’s life took a complicated turn when he lost his wife and was faced with navigating the nuances of Texas estate law. His stepson Bob, absent for nearly a decade, unexpectedly inherited a 50% stake in the home Jimmy thought was fully his.  Texas Estates Code provides guidelines for what happens...
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