When a relative goes to probate court and gets a temporary guardian appointed for a parent, things can move fast. Sometimes the first order is signed before the parent has a lawyer or a hearing. For the person on the receiving end, that can feel like the courthouse took her checkbook and her independence before...KEEP READING
Most people picture a will being signed the same way: a pen, a signature line on the last page, and a full name written out in front of witnesses. But people who draft their own wills don’t always follow the script. Sometimes the signature line gets skipped entirely. When that happens, the family is left...KEEP READING
Business partners often agree that whoever outlives the other gets the first shot at buying out the deceased partner’s share. Ranching families do it. Oil and gas investors do it. Owners of closely held companies do it. The surviving partner assumes the deal will simply play out once the other partner passes away. But what...KEEP READING
When a parent dies and a new spouse takes control of the estate, the adult children from the first marriage usually assume they get a say. They are the decedent’s children, after all. So they file something in the probate court objecting to the new spouse serving as executor — and get told they have...KEEP READING
When a parent dies and leaves behind a blended family, a fight over the estate is close to a given. Stepparents, stepchildren, and children from a prior relationship all end up comparing what they were promised against what they actually received. When those disagreements turn into lawsuits, the money is only part of it. There...KEEP READING
Most people assume that when a loved one dies and the estate goes through probate, the probate court keeps a watchful hand on the estate’s assets until everything is wrapped up and distributed. That assumption is understandable. In Texas, it is often wrong. The Texas Estates Code creates a powerful and uniquely Texas institution: independent...KEEP READING
An executor who gets removed and stripped of fees has one real shot at fixing it: an appeal. But the clock on that appeal is short, and in probate it does not always start when you think it does. Miss the window and it does not matter how wrong the trial court was the appellate...KEEP READING
A patient checks into a rehabilitation hospital. Her lab work flags a serious bacterial infection. Her doctors never treat it. She is discharged, admitted elsewhere the next day now septic, and dies a month later. The family wants to know who is responsible and whether the law will even let them ask that question in...KEEP READING
Most Texans treat their homestead as untouchable. The Texas Constitution protects a home from creditors with no dollar limit, so in theory even a $20 million mansion can be shielded entirely from forced sale. But that protection has a federal ceiling, and most debtors never learn about it until a creditor brings it up in...KEEP READING
