How Long do I Have to Probate a Will in Texas?

How much time do you have before the statute of limitations bars a Will from being probated? If it has been more than four years since the decedent passed, can I recover my interest from their estate? Who can probate a Will after the fourth anniversary of the testator’s death? The case of Ferreira v.…Continue readingHow Long do I Have to Probate a Will in Texas?

Which Facts Have to be Established to Prove a Lack of Testamentary Capacity?

Will contests often focus on questions about whether the person who executed the will had the mental capacity required to execute the will. These post-death legal disputes can be particularly contentious. They delve into the life circumstances and affairs of the deceased. Facts matter in these cases. This raises questions as to what facts matter?…Continue readingWhich Facts Have to be Established to Prove a Lack of Testamentary Capacity?

Dealing With an Incorrect Inventory in a Probate Case

Texas has a formal probate and guardianship process. This process typically involves filing numerous legal papers with the clerk. It includes applications, various motions, and, eventually, inventories. These legal papers can include incorrect information. This includes information that is wrong due to errors. It can also include intentionally omitted or inaccurate information. This can be…Continue readingDealing With an Incorrect Inventory in a Probate Case

Probate & Below Market Rental Property

The “too good to be true” lease. It’s the month-to-month lease agreement for a friend. It’s the lease that charges below-market rent. What happens to the real estate subject to this type of lease when the owner dies? What should you do if you are the personal representative and this property is part of the…Continue readingProbate & Below Market Rental Property

Failing to Notify Heirs of a Probate Case

Our legal system is based on the idea that each party to a lawsuit should be notified of the suit. This ensures that they can protect their interests or defend themselves against the suit. With probate cases, this involves personally serving citation. This notice process is mentioned in several sections of the Texas Estates Code.…Continue readingFailing to Notify Heirs of a Probate Case

Can Surviving Step-Mom Be Forced To Sell?

We should all take the time to prepare an estate plan. This is good advice. It is the type of advice that is often stated by financial planners and general estate planning attorneys. To an estate planning attorney, this advice is too broad and vague to really emphasize when an estate plan is really needed.…Continue readingCan Surviving Step-Mom Be Forced To Sell?