When a parent dies with a modest estate and no will, Texas gives families a shortcut. Instead of opening a full administration, the heirs can file a small estate affidavit, get it approved by the probate court, and collect the property without anyone being appointed administrator. Often a few family members make it even simpler […] The post When a Small Estate… The post When a Small Estate Affidavit Appeal… Continue reading When a Small Estate Affidavit Appeal Loses Its Jurisdiction

A parent dies and two pieces of paper show up, each claiming to be the last word on who gets what. One child produces a will signed years ago. Someone else produces a will signed shortly before the death. Both cannot be right, and the fight that follows is rarely about money alone. It is […] The post Stay Pending Mandamus: When… The post Stay Pending Mandamus: When a Retroactive… Continue reading Stay Pending Mandamus: When a Retroactive Deadline and an Out-of-State Doctor Nearly Decided a Texas Will Contest

Family fights over real estate are some of the hardest cases we see. A parent dies, one child ends up with the land, and everyone else is left wondering how that happened. The suspicion is real and sometimes it is justified. But suspecting you were cheated and proving it in court are two very different […] The post When Heirs Go It… The post When Heirs Go It Alone: How… Continue reading When Heirs Go It Alone: How Briefing Mistakes, Not Probate Law, Decided This Texas Real Estate Fight

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?