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Your parent dies and you and your sibling are on good terms. There is a will. You agree that the will is valid. Your sibling is named as the executor in the will. To help facilitate and speed up the probate of the will, you sign a waiver consenting to the will being probated. This…

Imagine entrusting your elderly mother with Alzheimer’s to a nursing home, only to learn she was seriously injured after wandering into the room of another resident. This heartbreaking scenario is all too common in Texas. While some resident altercations may be unpreventable, nursing homes have a duty to assess residents’ risks and implement proper safety…

Co-guardianships are complex arrangements that require careful management, especially when parents share responsibility for an incapacitated ward. Such arrangements involve a delicate balance of rights and responsibilities. However, disputes can arise, leading one parent to seek clarification and enforcement of the co-guardianship order, while the other parent proposes specific possession schedules. The In re Guardianship…

Having specific language and instructions in wills or estate plans can help distribute a decedent’s assets in accordance to their wishes. There may be cases where more than one beneficiary can lay claim to a decedent’s assets.  As San Antonio probate attorneys, we often see this when individuals feel they are entitled to the property or…

What happens if someone enters into a contract to sell property, but there is evidence that they have some mental capacity issues?  What if the mental capacity issues are serious, like dementia, and they are so significant that they warrant the appointment of a guardian shortly after the contracts are entered into?  Are the contracts…

The foreclosure process can be complex.  It can be even more complex when the person who takes out a mortgage dies and the property passes to their beneficiaries or heirs.   This can raise questions about the legal and financial responsibilities of both the inheritors of the property and the lender. Who is responsible for the…

Dealing with the loss of a loved one is never easy, and it can be even more challenging when there is no clear plan for their assets. In Texas, when someone passes away without a will, their assets are subject to the state’s intestacy laws. This means that the court will distribute the assets according…

Introduction: Will vs. Estate Planning Many people think that creating a last will and testament is all that is needed to protect their assets and ensure that their loved ones are taken care of after they pass away. However, a will is only a part of a comprehensive estate plan that can provide greater protection,…

Probate law can be complex, particularly when a loved one passes away without leaving a will. In this case study, we explore the legal process for probating an estate without a will. We also consider the challenges that arise when the family members live in another state and provide practical advice on how to navigate…

The probate process can be a complex and emotional time for families, especially when the validity of a will is called into question. In Texas, the validity of a will can be challenged on several grounds, including fraud, undue influence, duress, and lack of capacity. In this article, we will examine a case study involving…