Most probate work involves the assets you can see. A house, a bank account, a retirement plan, a stack of savings bonds in a safe deposit box. But some of the most valuable things an estate owns are not things at all. They are promises. A buyer who still owes money on a deal. A […] The post When the Seller Dies… The post When the Seller Dies Before the… Continue reading When the Seller Dies Before the Deal Closes: Membership Interest Sales, Guaranties, and the Estate’s Right to Collect

When someone dies unexpectedly, especially in a traumatic accident, a filing deadline buried in the Texas Estates Code is the last thing on the family’s mind. People are grieving. Caregiving duties shift overnight. The paperwork of settling an estate slides to the bottom of the list. And in families where property has passed informally and […] The post When Life Gets in… The post When Life Gets in the Way:… Continue reading When Life Gets in the Way: Ignorance of the Law, Personal Crisis, and the Four-Year Probate Deadline in Texas

Most people never think about what happens to a mortgage when the borrower dies. The house sits there. The payments stop. And someone—usually a grieving family member who has just been named executor—has to figure out what comes next. For anyone with an informal arrangement tied to that mortgage, the uncertainty can feel like a […] The post When the Neighbor Who… The post When the Neighbor Who Saved Your… Continue reading When the Neighbor Who Saved Your Home Dies: Executor Duties, Mortgage Notices, and the Limits of Fiduciary Loyalty in Texas Probate

Disputes over real property in a Texas probate estate can move fast. An heir or interested party may rush to court for a temporary injunction to stop another claimant from damaging, encumbering, or demolishing property that may belong to the estate. The probate court grants the injunction. Relief secured. Or so it seems. Here is […] The post When a Temporary Injunction… The post When a Temporary Injunction Backfires: How… Continue reading When a Temporary Injunction Backfires: How Rule 683 Can Unravel Probate Court Orders Protecting Estate Property

When a loved one passes away with outstanding debts, someone has to sort through the claims against the estate. Creditors have to follow specific steps to get paid, and the deadlines are strict. Miss a filing window by even one day, and a claim that might otherwise be completely valid can be permanently barred. What […] The post Miss the 90-Day Deadline… The post Miss the 90-Day Deadline to Sue… Continue reading Miss the 90-Day Deadline to Sue on a Rejected Estate Claim? Your Secured Claim May Be Gone for Good

It can be difficult to care for elderly parents when they begin showing signs of cognitive decline. Families often try to manage their affairs. This may include getting appointed as the guardian of the parent. Before being appointed, there can be questions about whether the parent can still make major financial decisions. The stakes rise […] The post Mental Capacity & Property… The post Mental Capacity & Property Transfers Shortly… Continue reading Mental Capacity & Property Transfers Shortly Before an Incapacity Declaration

Say you find yourself in need of a guardianship attorney. You end up litigating an issue related to the guardianship. The court rules against you on some aspect of the case, and enters an order saying so. What rights do you have? Can you immediately appeal the order or do you have to wait until […] The post When are Court’s Orders… The post When are Court’s Orders in Guardianship… Continue reading When are Court’s Orders in Guardianship Cases Appealable in Texas?

When a will is contested in Texas, the scope of the executor’s authority is often disputed. Texas executors derive their authority solely from the will itself. However, competing heirs disagree on what powers the will actually grants. Critical issues like an executor’s ability to dispose of estate assets through sale or gift may hinge on […] The post Examining Executor Authority in Texas Will Contests appeared first on Kreig LLC.… Continue reading Examining Executor Authority in Texas Will Contests

A will can provide that if someone challenges the will, they are disinherited. This is referred to as a “no-contest” or “in terrorem” clause. Texas law allows for the enforcement of no-contest clauses in wills.  No-contest clauses in wills are enforceable in Texas.  However, Texas courts have enforced these clauses narrowly to avoid unwarranted forfeitures. […] The post When Is a No-Contest Clause Enforced in Texas? appeared first on Kreig… Continue reading When Is a No-Contest Clause Enforced in Texas?

Lifetime transgressions can and do often come to a head when someone dies.  This can include a variety of family issues, including those that some may consider taboo. Take the example of where an uncle purports to marry his niece.  Texas law does not allow such a marriage, but, apparently, some jurisdictions do.  What happens […] The post When an Uncle Marries a Niece: Can the Niece Inherit as a… Continue reading When an Uncle Marries a Niece: Can the Niece Inherit as a Surviving Spouse?