What happens if someone owns real estate that is subject to a mortgage and the mortgage goes unpaid because they died? Can the bank foreclose on the property? If so, what steps should the surviving family members take to protect the property? The recent Midfirst Bank v. Robbinson, No. 3:22-CV-0333-M-BH (N.D. Tex. 2023) case provides...KEEP READING

There is no set limit for when probate administration is required or warranted in Texas. While some large estates may not have to go through probate, some small estates do. Alongside other factors such as family disputes or complex financial arrangements, the value of the estate and the nature of its assets play a significant...KEEP READING

Transfer-On-Death Designations in Texas When it comes to estate planning in Texas, there are many different tools and strategies available. One option that is often overlooked, but can be incredibly useful, is the use of the transfer-on-death (“TOD”) designation. This designation can allow you to name beneficiaries for certain assets, which will then pass to...KEEP READING

A pour-over will can be used in situations where privacy is a concern. This is especially true if the pour-over will is combined with a living trust. In this case study, we will explore the probate process of a pour-over will involving real estate owned by the decedent for 66 years. We will discuss the...KEEP READING

Losing a parent is a heart-wrenching experience. When your departed parent has not left behind a will, which is referred to as “dying intestate,” the process can become more complex and daunting. Under these circumstances, the decedent’s estate is distributed in accordance with Texas intestacy laws. These laws are nuanced and difficult to apply if...KEEP READING

The division of jewelry in probate cases often presents unique challenges and potential for family conflicts. Family members may develop strong attachments to specific pieces of jewelry. Whether it is a ring or necklace passed down through the family or even an item that has sentimental meaning only to one party. This may be due...KEEP READING

It is said that everyone has an estate plan, some just happen to think through it and write it down. When it comes to managing your wealth and protecting your assets, having a comprehensive estate plan is essential as the default plan usually will not help you achieve your goals. The uncertainties of life, including...KEEP READING

When it comes to inheritance, not all assets are created equal. Cash and securities can be easily divided among beneficiaries. Real estate presents unique challenges that require careful consideration. As experienced probate attorneys in Dallas, we regularly guide clients through these complex situations. Here’s what you need to know about inheriting real estate in Texas....KEEP READING

This is a Case Study analysis on the facts of Patrick v. Patrick, 182 S.W.3d 433 (Tex. App. – Austin 2005, no pet.), as if it were to be decided today. It is not an analysis of the court’s holding in this case. Introduction Probate law governs the distribution of a deceased person’s assets. In...KEEP READING

When a loved one passes away, it can be a difficult and overwhelming time for surviving family members. One of the tasks that often needs to be addressed is the distribution of the decedent’s assets. In Texas, if a person dies with a will, the will must be probated in order for the assets to...KEEP READING