Mom gets sick. One of her kids drives in from out of state, packs a bag, and brings her home “just until things get sorted out.” A few months later another sibling takes her to a third state and says she is staying. Now three states each have some claim to her, and everyone wants...KEEP READING
When a court signs an order admitting a will to probate, most families assume the fight is over. Sometimes it is. But an order admitting a will can leave real questions unanswered, and if you guess wrong about whether the order was final, you can lose the right to appeal before you ever get a...KEEP READING
A spendthrift trust is supposed to be a wall. Someone sets up a trust for a family member, adds language saying creditors cannot touch it, and the money stays out of reach even if the beneficiary gets sued and loses. That is the whole point. But a wall is only as good as the words...KEEP READING
Picture a loved one in the final hours of her life. Someone close to her—someone she trusted enough to name as her agent under a durable power of attorney—rushes to change the beneficiary on her annuity. The paperwork gets faxed. The power of attorney gets attached. On the surface it looks like a routine beneficiary...KEEP READING
Blended families carry complicated histories into probate. When a parent leaves a will that treats children differently, or leaves one child out entirely, the stage is set for a fight. The child who received nothing has every reason to challenge the will. The real question is whether that challenge has legal teeth or just reflects...KEEP READING
Picture this: a mother pays off a house over decades, lives in it, maintains it, and raises her family there, all while the original buyer’s name sits in the county property records. Then, years later, that original buyer files for bankruptcy and claims the house as her homestead exemption. What felt like a settled family...KEEP READING
A disinheritance clause in a witnessed and notarized Texas will carries real weight. So when someone shows up in probate court claiming to be a biological child born outside of marriage and says the will was forged, the question is not just whether they can file the contest. It is whether they have any credible...KEEP READING
A serious injury, a lawsuit, a summary judgment in your favor — and then the plaintiff passes away while the case is still grinding along. The estate steps in expecting to collect on what looks like a courtroom victory. Then the defendant’s insurer files its own lawsuit and says the judgment was wiped off the...KEEP READING
It can be challeging to be a guardian. The process can be time consuming and expensive. This is particularly true when the ward needs funds for their care, but the funds are not liquid. This raises questions as to whether a guardian can just sell illiquid assets to pay for the wards care expenses? What...KEEP READING
Family disputes over estates often involve multiple fronts of litigation. A will contest might accompany challenges to beneficiary designations. Claims of undue influence might target both probate and non-probate assets. When the dust settles and the jury delivers a mixed verdict, upholding the will but invalidating an IRA designation, who pays the legal bills? This...KEEP READING
