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 […] The post When a Bankruptcy Filing… The post When a Bankruptcy Filing Doesn’t Save… Continue reading When a Bankruptcy Filing Doesn’t Save Your Property Claim: A Texas Title Dispute Resolved Through an Old “Affidavit of Transfer”

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 […] The post When the Will Speaks… The post When the Will Speaks for the… Continue reading When the Will Speaks for the Decedent: Contesting an Express Disinheritance Clause in Texas

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 […] The post Interlocutory Judgments in Texas… The post Interlocutory Judgments in Texas Probate: When… Continue reading Interlocutory Judgments in Texas Probate: When a Dismissal Wipes Out Your Court Order

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 […] The post Emergency Guardianship Sales in… The post Emergency Guardianship Sales in Texas: When… Continue reading Emergency Guardianship Sales in Texas: When Can Courts Ratify Sales Completed Without Prior Approval?

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