To ensure that a will is valid, it must meet certain parameters. For instance, there must be a signature from the testator and two witnesses who do not stand to gain from the estate. Furthermore, any older drafts of a will should be destroyed or revoked. Another...
Estate And Trust Litigation
Challenging someone’s capacity to draft a new will
In theory, anyone who is a legal adult in Texas has the authority to draft their own estate plan. Texas assumes that adults have testamentary capacity and can therefore designate specific recipients for their assets using estate planning documents. However, not...
Will the Texas probate courts uphold a no-contest clause?
A will is a written declaration of someone's last wishes. It describes what they want to do with their property after they die and names the person they choose to administer their estate. Typically, families in Texas will follow the instructions in someone's will as...
3 things to know about contesting a will
The will is a cornerstone of an estate plan. It outlines specific points, such as who should receive what assets when the creator passes away. Creators often take writing the will very seriously and likely have it set up how they want. While many wills go through the...
When can you get an estate executor removed?
When a person creates an estate plan – even if it’s a simple will – they should name an executor (known under Texas law as a “personal representative”) to handle the administration of the estate. This includes everything from paying final bills and filing the last...
Multiple wills can cause serious disputes after a loved one dies
Things can be very complicated for families if a loved one dies without a will. What can be even more complicated, however, is finding multiple wills and not being certain which one – if any of them – reflects their wishes when they died. Further, if you find more...
Effective Communication in Estate Disputes
Estate and trust disputes can be emotionally charged and complex, often involving family members, money, and deeply held emotions. In these situations, effective communication becomes paramount. Whether you're a beneficiary, a personal representative, or a trustee,...
How can you spot possible mismanagement of a loved one’s estate?
Like most, you probably want to ensure your deceased loved one’s affairs are handled per their expressed wishes. After all, that is why they worked so hard to create a sound estate plan in the first place. Unfortunately, estate mismanagement, whether due to executor...
Should you expect bequests to be equal?
When their parents pass away and the estate administrator reads the will, people sometimes expect all of the bequests to be equal. They assume that all heirs will be treated the same. Sure, they may understand that a nephew or a grandchild will get less than an adult...
Why are some trusts disputed?
A trust hands over the legal title and management of an asset – or a set of assets – to a trustee. The trustee is then tasked with managing the property for the benefits of a third party, the beneficiary. Typically, trustees take their obligations very seriously, and...