Flournoy McLain, P.C.Flournoy McLain, P.C.2026-07-24T15:19:21Zhttps://www.dallasestatelaw.com/feed/atom/WordPress/wp-content/uploads/sites/1102865/2022/11/cropped-site-identity_favicon-32x32.pngOn Behalf of Flournoy McLain, P.C.<![CDATA[Lost the original will? Here is what you should know]]>https://www.dallasestatelaw.com/?p=475832026-07-24T15:19:21Z2026-07-24T15:19:21ZYou opened every drawer, cleared every shelf and checked every single hidden corner, yet you still cannot find the original will. All you are left with is a copy of it. It is understandable if you are feeling frustrated. Here is what you need to know to assess your situation.
What does Texas law say?
If a will goes missing, there could be a dozen reasons for it. Maybe someone stole it, a disinherited relative destroyed it or it was simply lost while moving to a new house. Whatever the actual reason may be, Texas law automatically presumes that the testator destroyed or revoked the will. Overcoming this presumption may require additional evidence and, in some cases, probate litigation.
Can you take the copy to the probate court?
If you have done everything you could but still couldn’t find the original document, you may consult an attorney and take the copy of the will to the probate court. However, to have the copy accepted, you should:
Provide an acceptable reason as to why the original document was lost
Prove that the will was validly executed, typically through witness testimony
Prove that the testator didn’t revoke the will
Provide legal notice to the decedent's heirs at law, who have the right to object
Show that the contents of the copy reflect the true intent of the testator
If you fail to prove any one of the above, the court may distribute the assets according to Texas inheritance succession laws, as if there were no will at all.
What should be your next step?
To support your case, you may need testimony from the witnesses who signed the original will. Additionally, you should collect evidence demonstrating that the copy accurately reflects the testator's true intent. Because disinherited relatives may contest the will, consulting an attorney experienced in probate litigation is essential to protect your rights as a beneficiary.]]>On Behalf of Flournoy McLain, P.C.<![CDATA[Why families disagree about joint accounts after a death]]>https://www.dallasestatelaw.com/?p=475772026-07-07T11:48:27Z2026-07-21T11:45:57ZWhy joint accounts create different expectations
People add another person to a joint account for many reasons. A parent may want help paying bills, managing everyday finances or accessing money during an illness. In other families, spouses or relatives simply share an account for convenience.
Those practical reasons do not always answer what should happen to the money after the account owner's death. In Texas, not every joint account automatically includes a right of survivorship. As a result, family members may begin the probate process with different expectations about whether the surviving account holder should receive the funds or whether those funds belong to the estate.
Ownership of the funds after the account owner's death
Withdrawals made before or after the owner's death
The purpose of adding another person to the account
The deceased's intentions for the remaining balance
Distribution of the funds among beneficiaries
These disagreements may begin with one account, but they can affect the administration of the entire estate. When family members view the purpose of the account differently, resolving those questions can delay the distribution of other assets.
Why these disputes can be difficult to resolve
Joint account disputes rarely have a simple explanation. The dispute may center on why the account was created, how people used it over time and the financial activity surrounding it. The account balance alone does not always explain why another person was added or what the deceased intended.
Family relationships can also shape these disputes. A sibling who helped care for a parent may view the account differently from a sibling who lived elsewhere. Those different experiences can influence how each person interprets the same arrangement, even when everyone believes they are carrying out their loved one's wishes.
Looking beyond the account balance
A disagreement about a joint account is rarely about money alone. It can also reflect questions about trust, fairness and a family's understanding of a loved one's intentions.
If a joint account becomes part of a probate dispute, learning why these disagreements arise can help you better understand the probate process. Looking beyond the account itself to the circumstances surrounding it can help explain why a seemingly simple financial arrangement sometimes becomes the most contested part of an estate.]]>On Behalf of Flournoy McLain, P.C.<![CDATA[No-contest clauses in wills can affect estate litigation]]>https://www.dallasestatelaw.com/?p=475812026-07-18T23:02:36Z2026-07-18T23:02:36Zno-contest clause.
How can language prohibiting a will challenge affect litigation, if it occurs?
Plaintiffs may prepare more carefully
When an estate is especially large, people may consider the lost resources consumed by litigation a reasonable gamble when they want to increase what they inherit. The cost of litigation may pale in comparison to the prospective windfall they hope to obtain by filing the lawsuit.
If the courts determine that the will itself and the no-contest clause are valid during probate litigation, then the party who brought the lawsuit could be at risk of losing their inheritance entirely. That threat can be a profound deterrent in all but the most serious of cases.
Plaintiffs who prevail, which means that the courts rule in their favor and determine that a will is invalid, typically do not risk the loss of an inheritance. Those who act in good faith or with probable cause can also avoid the loss of an inheritance during a will contest.
Assessing the terms included in a will and the grounds for a will contest with a probate litigation lawyer can help people evaluate the risk and respond effectively to will contests. No-contest clauses can deter litigation in many cases, but it may also inspire plaintiffs to come to court with far more documentation affirming their claims than they otherwise might have.]]>On Behalf of Flournoy McLain, P.C.<![CDATA[Avoiding mistakes that could complicate your probate process]]>https://www.dallasestatelaw.com/?p=475792026-07-08T19:43:07Z2026-07-08T19:43:07ZLosing a loved one is difficult enough without unexpected complications during probate. If you are responsible for administering an estate, careful preparation can help you avoid delays, unnecessary costs and disputes among beneficiaries.
Many probate issues arise from preventable mistakes rather than complex legal problems. Understanding what to watch for can make Texas estate administration more efficient while helping you fulfill your responsibilities with confidence.
Take time to organize before starting
It is natural to want to settle an estate quickly. However, making important decisions before gathering key information can create unnecessary setbacks.Before filing probate documents, locate the will, identify financial accounts, collect property records and create a complete list of known assets and debts. A well organized approach often prevents costly corrections later in the process.
Create a complete inventory
One of the most common probate mistakes is overlooking property or financial accounts. Missing assets can require amended filings and delay distributions.Review bank accounts, investment accounts, real estate, personal property, business interests and digital assets carefully. Taking time to prepare a thorough inventory helps ensure nothing is missed during Texas wealth administration.
Avoid distributing assets too soon
Beneficiaries may understandably want to receive their inheritance quickly. However, distributing estate assets before debts, taxes and other obligations have been addressed can create serious problems.In many cases, estate expenses must be resolved before property is transferred to beneficiaries. Waiting until the proper stage of the probate process helps reduce unnecessary risks.
Keep accurate records and communicate clearly
Maintain detailed records of every payment, receipt and decision made on behalf of the estate. Good documentation helps answer questions and demonstrates that estate assets have been handled responsibly.Regular communication with beneficiaries can also reduce misunderstandings. Keeping everyone informed about the general progress of the estate often prevents unnecessary conflict while expectations remain realistic.Probate can feel overwhelming, especially while grieving the loss of someone close to you. Taking a careful and organized approach can help you avoid many common probate mistakes while keeping the administration process on track. If questions arise during Texas wealth administration or probate, seek legal guidance before making decisions that could affect the estate.]]>On Behalf of Flournoy McLain, P.C.<![CDATA[How often must Texas trustees provide reports to beneficiaries?]]>https://www.dallasestatelaw.com/?p=475752026-06-20T14:56:08Z2026-06-20T14:56:08ZAnnual reports are mandatory
Texas state law requires that trustees provide annual accounting reports outlining the status of trust assets and explaining any asset liquidation or distributions that occurred. Trustees also generally need to provide notice to beneficiaries in cases where there are significant changes to the value of trust resources.
Additionally, beneficiaries have the right to request financial disclosures when there are concerns about the state of the trust or the conduct of the trustee. The failure to provide accurate information and annual reports to beneficiaries could lead to litigation in pursuit of those records or with the intent to remove the trustee due to their inability to fulfill their responsibilities.
Learning more about the laws that govern trust administration can be helpful for both trustees and trust beneficiaries. Communication is an important component of effective trust administration. Trustees may need help ensuring they comply with state laws, while beneficiaries often need assistance in cases where trustees do not fulfill their legal obligations. That’s okay. Seeking personalized legal support is always an option.]]>On Behalf of Flournoy McLain, P.C.<![CDATA[Can you replace a trustee here in Texas?]]>https://www.dallasestatelaw.com/?p=475722026-06-16T11:46:28Z2026-06-16T11:46:28ZWhen a loved one leaves a trust, the trustee is supposed to safeguard those assets and manage them in the beneficiary’s best interest. But trustees don’t always meet that mark. Sometimes they stop communicating, mishandle money, or simply can’t keep up with the job.
In Texas, beneficiaries don’t have to stay stuck with a trustee who isn’t doing the work. State law gives you a path to replace a trustee. This can be achieved using the trust document itself or, when necessary, through the courts.
When you can seek removal
Texas law allows a court to remove a trustee when certain problems arise. Under the Texas Property Code, a judge may remove a trustee if they:
Materially violate the terms of the trust, causing a financial loss
Become incapacitated or insolvent
Fail to provide a required accounting
Create other cause for removal, as determined by the court
These issues often show up as missing reports, unexplained withdrawals, poor investment decisions or a failure of the trustee to communicate.
How the process works
Most trusts include instructions for replacing a trustee. If the document names a successor trustee or outlines a removal procedure, those terms usually control the removal.If the trust is silent or if the situation calls for court involvement, “interested persons” (often beneficiaries) can file petitions asking the Texas courts to remove the trustees. The court reviews the evidence and hears the testimony before deciding whether removal is justified under the statute. If so, the judge can appoint a new trustee to step in and stabilize the trust’s administration.
Why acting promptly matters
A struggling trustee can cause real financial harm. Delays in disbursements, poor record‑keeping or mismanagement can shrink the trust’s value over time. Replacing a trustee early can protect the assets your loved one intended you to receive.
Learn more about your rights
Trust disputes are stressful, especially when they involve family or someone your loved one once trusted. Finding a solid legal professional to guide you through the process, gather the right evidence and present a clear case for removal can reduce any unnecessary conflict.]]>On Behalf of Flournoy McLain, P.C.<![CDATA[Did a younger stepparent manipulate a now-deceased parent?]]>https://www.dallasestatelaw.com/?p=475692026-05-30T03:33:34Z2026-05-30T03:33:34ZUndue influence undermines a will's validity
It is possible for remarried parents to preserve the inheritances of their children while still providing support for a new spouse. If the terms of a will prioritize a younger spouse who acted as a caregiver later in a parent's life, disinherited adult children may question whether undue influence impacted the terms included in the will.
Undue influence occurs when someone who cares for or has control over a vulnerable adult uses that relationship to force them to change their estate plan. A caregiving spouse could exert undue influence by denying children access to or communication with a parent in their last months.
They could engage in abusive behavior, such as withholding food or medication until the older spouse meets their demands. Adult children can challenge a will and ask the courts to honor an earlier estate plan or to apply intestate succession laws to the estate.
Disputes about wealth transfers are common in blended families, especially when there is a substantial age gap between spouses and a will that leaves very little for the children of the deceased parent. Reviewing estate planning paperwork and family circumstances with an experienced attorney can help concerned children determine if undue influence may have cost them their inheritance.]]>On Behalf of Flournoy McLain, P.C.<![CDATA[When a trustee may face personal liability]]>https://www.dallasestatelaw.com/?p=475672026-05-26T13:36:11Z2026-05-26T13:36:11ZYour duties as a trustee
As a trustee, you may have authority over trust assets, but that authority comes with legal duties. Those duties may include:
Following the trust terms
Managing assets with reasonable care
Keeping accurate records
Making distributions as allowed
Avoiding conflicts of interest
Protecting trust property from unnecessary loss
A drop in asset value or a beneficiary’s disagreement does not automatically make you personally liable. Liability may become an issue if your actions go beyond your authority or if you fail to carry out your duties in a way that causes financial harm.
Actions that may raise liability concerns
Certain trustee actions may raise questions about whether you handled the trust according to your duties. In some situations, disputes arise because beneficiaries believe trust assets were mishandled, decisions went beyond your authority or avoidable losses occurred. Examples of conduct that may raise those concerns include:
Using trust property for personal benefit
Making distributions that do not follow the trust terms
Failing to keep records or share required information
Mixing trust funds with personal funds
Acting despite a conflict of interest
Mismanaging trust assets in a way that causes financial loss
Keeping profits tied to improper conduct
These situations do not automatically mean you will face personal liability. A court may still look at what happened, whether your conduct violated your duties and whether that conduct caused measurable financial harm.
What personal liability can mean
Not every trustee mistake leads to personal liability. A poor outcome does not automatically mean you failed in your role.
But if a court finds that your actions went beyond your authority or caused financial harm because you failed to carry out your duties, you may face legal consequences. Depending on the dispute, that may include repayment of losses, return of improperly used property or removal from your role as trustee.
]]>On Behalf of Flournoy McLain, P.C.<![CDATA[4 underhanded acts that lead to probate litigation ]]>https://www.dallasestatelaw.com/?p=475652026-05-18T18:27:23Z2026-05-18T18:27:23ZDisputes over a loved one’s will can become deeply emotional, especially when family members suspect someone acted dishonestly during the estate planning process. In Texas, certain forms of misconduct may give surviving relatives or beneficiaries valid reasons to challenge a will in court.
Many will contests involve concerns about pressure, manipulation or false information. Older adults who depend heavily on caregivers or relatives may face a greater risk of influence from people seeking financial gain. When questions arise about how a will was created, courts may closely examine the surrounding circumstances.
Common types of dishonest practice in Texas will contests
Several forms of dishonest conduct may lead to a challenge against a will. These claims often focus on whether the person creating the will acted freely and understood the decisions being made.
Fraud: Fraud may occur when someone intentionally provides false information to influence estate decisions. A person could lie about family relationships, finances or other important matters to persuade the creator of the will to change beneficiaries or property distributions.
Forgery: Forgery involves creating or altering a will without proper authorization. This may include fake signatures, altered pages or fabricated documents presented as valid estate records. Questions about handwriting or witness signatures sometimes become important during these disputes.
Undue influence: Undue influence is one of the most common reasons for will contests in Texas. This claim often involves pressure placed on an older or vulnerable individual. A caregiver, relative or trusted acquaintance may attempt to control decisions about inheritances through manipulation, intimidation or emotional dependence.
Manipulation: In some situations, dishonest conduct overlaps with concerns about mental decline. Individuals experiencing memory loss, illness or confusion may become more vulnerable to outside pressure. Family members may question whether the person fully understood the effects of signing the will.
Disagreements involving wills and inheritances can divide families and create lasting financial concerns. Learning more about estate and trust litigation may help beneficiaries better understand their rights when dishonesty is suspected. Seeking legal guidance can also help families evaluate whether a will contest may be appropriate under Texas law.]]>On Behalf of Flournoy McLain, P.C.<![CDATA[Why last-minute estate plan changes are a red flag]]>https://www.dallasestatelaw.com/?p=475612026-05-01T21:37:33Z2026-05-01T21:37:33ZPeople often update their estate plans, and it can be very beneficial to do so. An estate plan may become outdated over time, and it is helpful to make changes regarding healthcare decisions, the distribution of assets, beneficiary designations and much more.
However, if these changes are made at the last minute, it is sometimes a red flag that could make estate challenges and disputes more likely. Below are two examples of how this could happen.
The changes favor one beneficiary
If the updates to the estate plan significantly favor one person, it could lead to challenges based on something like undue influence.For example, say that one sibling lives close to an elderly parent and often takes care of them. Assets were originally intended to be distributed evenly between multiple siblings. But a last-minute change allocates most of the assets to the sibling who lives close to the parent, and the other siblings may think they manipulated the parent into making those changes – perhaps by threatening to withhold care and assistance.
The individual lacks testamentary capacity
A person needs to have testamentary capacity to write an estate plan or make legal changes. This can sometimes be called into question as a person gets older, particularly if they are suffering from something like Alzheimer’s disease or dementia. Changes near the end of their life could be problematic if they have lost the testamentary capacity to understand the impact those changes will have on their estate plan.For both of these reasons, estate challenges and disputes may arise, and it is important for family members to know exactly what legal steps to take.
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