A family member has lived in the house for years. Maybe a parent deeded it to someone else along the way. Maybe there was a handshake, or even a signed agreement, about buying it someday. Then the person whose name is on the deed wants the house back, and the family member refuses to go. […]
Learn how a statutory probate bill of review can challenge Texas probate orders, transfer disputes, and probate jurisdiction rulings in court. The post When a Will Contest Is Filed in the Wrong Texas Court After a Probate Transfer appeared first on San Antonio Probate Attorneys. … The post When a Will Contest Is Filed in […]
Inheriting a house can feel like a gift, right up until the bills attached to it start showing up. When someone dies owning a home with an unpaid mortgage, the heirs who step into ownership do not step into a clean slate. The debt rides along with the property. And if those heirs ignore a […]
Imagine spending nearly thirty years as a homemaker while your spouse builds a multimillion-dollar business and then discovering, at the moment of divorce, that the community estate is worth less than $85,000. No retirement account. No real property. Half of a joint checking account that totals around $14,000 after credit card debt. Meanwhile, your spouse’s […]
Imagine you are a commercial landlord in Harris County. Your tenant has an option to purchase the property at the end of the lease, and the relationship has soured. You want the tenant out. A district court grants a temporary injunction blocking you from pursuing eviction, and you decide to wait, assuming the trial is […]
Most people sign a durable power of attorney with incapacity in mind. They want someone they trust to manage their affairs if they no longer can. Few stop to think that the same document, once signed and recorded, can also decide how and where a plaintiff serves them with a lawsuit. In Texas, a statutory […]
When a Texas homeowner dies and the mortgage is still outstanding, the debt does not die with the borrower. The lender’s right to foreclose does not die either. What changes is who owns the house. And under Texas law, ownership shifts the instant the homeowner takes her last breath — title passes by operation of […]
Guardianship proceedings in Texas can become battlegrounds almost overnight. When a family is already divided over who should care for a vulnerable loved one, court orders restricting one parent’s participation can feel like attacks rather than protections. And when a parent believes the appointed guardian is failing the ward, the impulse to keep filing motions […]
As probate attorneys, we see a lot of wills that just don’t cut it. We see everything from wills that fail to name executors, that fail to mention anything about death or dying, that fail to have witness signatures, etc. While we get that folks like to save a few dollars and skip the estate […]
Last minute estate plan changes often result in disputes. These disputes often involve situations where a elderly and newly widowed parent remarries or finds a new romantic partner quickly after their spouse’s death. There are often questions by the adult children about whether the new spouse or partner gained influence over the parents’ finances, particularly […]