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 […] The post Does Partial Victory in… The post Does Partial Victory in Probate Litigation… Continue reading Does Partial Victory in Probate Litigation Guarantee Attorney Fee Recovery?

Payable-on-death (“POD”) accounts pass directly to named beneficiaries upon death through the contract with the financial institution. Probate court would seem the natural fit when disputes arise over who validly changed those designations. When someone dies, leaving bank accounts behind, family members typically expect the probate court to oversee the distribution of the funds. But […] The post Can Federal Courts Resolve… The post Can Federal Courts Resolve POD Account… Continue reading Can Federal Courts Resolve POD Account Disputes Despite the Probate Exception?

Blended families face unique challenges when a loved one dies without a will in Texas. Step-parents, step-children, and biological children have to navigate complex inheritance rules that depend heavily on family relationships. The stakes can be very higher when community property is involved. Distribution of community property can shift between a surviving spouse and children […] The post When False Testimony About Parentage Derails Texas Estate Distribution appeared first on… Continue reading When False Testimony About Parentage Derails Texas Estate Distribution

Finding a parent’s will tucked away in an old suitcase years after their death seems like a stroke of luck. The document provides clear instructions about property distribution and identifies beneficiaries. Family members might assume they can simply file the will with the court and proceed according to its terms. After all, better late than […] The post Late Probate of Wills in Texas: When Does the Clock Start Running… Continue reading Late Probate of Wills in Texas: When Does the Clock Start Running on Your Duty to Act?

Family members often monitor guardianship proceedings from a distance. They receive occasional updates about their loved one’s care. They might attend a hearing or two. They review court filings when they arrive in the mail. But they don’t formally oppose every motion or challenge every decision the guardian makes. Many assume they can always step […] The post How Involved Do You Have to Be in a Texas Guardianship to… Continue reading How Involved Do You Have to Be in a Texas Guardianship to Challenge It Later?

When it comes to Texas probate, there are some common disputes that can be exceedingly difficult to navigate. One of these is the situation when an executor is obligated to sell real estate and distribute the proceeds to more than one beneficiary, but he or she cannot do so as there is someone living in […] The post Evicting a Beneficiary from Probate Property appeared first on Kreig LLC. Read… Continue reading Evicting a Beneficiary from Probate Property

Family members sometimes suspect a will was forged after a loved one dies. Perhaps the signature looks different from other documents the deceased signed. Maybe the person named as executor had the most to gain from the will’s provisions. The circumstances surrounding the will’s execution seem suspicious. These concerns lead family members to believe the […] The post Proving a Forged Will in Texas: What Evidence Do You Actually Need?… Continue reading Proving a Forged Will in Texas: What Evidence Do You Actually Need?

Most people have heard of probate but don’t understand what it actually involves until a loved one dies and they face the responsibility of settling an estate. The term “probate” sounds intimidating and complicated. Movies and television shows depict probate as an expensive, lengthy ordeal that consumes estate assets in legal fees while families wait […] The post How Does Probate Work in Texas? Understanding the Process from Start to… Continue reading How Does Probate Work in Texas? Understanding the Process from Start to Finish

Estate planning attorneys draft wills carefully, reviewing every provision to ensure the document accomplishes the testator’s wishes. Yet even the most carefully prepared wills sometimes contain errors. A paragraph reference might be wrong. A bequest might refer to property the testator no longer owns. The will might describe a gift but fail to name a […] The post The Presumption Against Intestacy in Texas: Courts Assume You Meant to Dispose… Continue reading The Presumption Against Intestacy in Texas: Courts Assume You Meant to Dispose of All Your Property

Probate and estate disputes can tear families apart. Siblings who grew up together stop speaking when disagreements arise about their parents’ property. Adult children accuse stepmothers of manipulating elderly fathers into changing wills. Executors face criticism from beneficiaries who question every decision about selling property or paying debts. These conflicts often lead to probate litigation […] The post Probate Mediation in Texas: When Should Families Try to Settle Estate Disputes… Continue reading Probate Mediation in Texas: When Should Families Try to Settle Estate Disputes Outside Court?