Probate Administration Archives

Administering an estate can be a complex and time-consuming task. Our skilled Dallas probate attorneys are here to alleviate the burden and guide you through the probate administration process. From gathering assets and paying debts to distributing inheritances, we ensure that the wishes of the deceased are honored. Schedule an online consultation with our knowledgeable team and let us handle the intricacies of probate administration, giving you peace of mind during this challenging time.

Oct

The Role of the “Fiduciary Duty” in Probate Disputes

October 4, 2023Probate AttorneyArticles, Probate Administration

Probate disputes often involve conflicting claims by family members. The claims can result from misunderstandings or even viewing the same facts from a different perspective. The claims can also come from outright theft and other wrongdoing. The outcome in these types of disputes can often come down to who has the burden of proof in...

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Aug

When Can an Executor Be Removed for Conflicts of Interest?

August 31, 2023Probate AttorneyArticles, Probate Administration

The probate process involves settling the decedent’s financial obligations, paying debts and taxes, identifying and appraising assets, and distributing the remaining assets to the rightful beneficiaries or heirs. This is a multifaceted process that involves a careful balance of probate laws, family relationships, beneficiary interests, and executor responsibilities. One particularly crucial aspect of the probate...

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Aug

Case Study: Home Ownership After a Spouse Dies Without a Will

August 26, 2023Probate AttorneyArticles, Probate Administration

In Dallas, Texas, Jimmy’s life took a complicated turn when he lost his wife and was faced with navigating the nuances of Texas estate law. His stepson Bob, absent for nearly a decade, unexpectedly inherited a 50% stake in the home Jimmy thought was fully his. Texas Estates Code provides guidelines for what happens when...

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Jul

Using the Texas Probate Laws to Avoid a Foreclosure

July 2, 2023Probate AttorneyArticles, Probate Administration

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...

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Jun

How Much Does an Estate Have to be Worth to Go to Probate in Texas?

June 11, 2023Probate AttorneyArticles, Probate Administration

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...

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Apr

What to Do When Your Parent Passes Away in Texas Without a Will

April 13, 2023Probate AttorneyArticles, Probate Administration

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...

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Apr

Inherited Jewelry in Texas Probate Cases

April 6, 2023Probate AttorneyArticles, Probate Administration

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...

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Mar

Inheriting Real Property in Texas

March 23, 2023Probate AttorneyArticles, Probate Administration

Inheriting cash or marketable securities is one thing. Cash and marketable securities can easily be divided and distributed. Real estate is not this easy. It can present a number of very difficult challenges for the beneficiaries and the executor or personal representative. Selling Real Estate Remotely One of the common challenges that arise when inheriting...

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Feb

Jurisdiction and Venue in Texas Probate Courts

February 9, 2023Probate AttorneyArticles, Probate Administration

Jurisdiction and venue are two important concepts in the field of probate law, and they are particularly relevant to the probate courts of Texas. In this article, we will take a closer look at what these terms mean, and how they affect the probate process in Texas. Jurisdiction Jurisdiction refers to the authority of a...

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Feb

How Do I Find a Will?

February 2, 2023Probate AttorneyArticles, Probate Administration

When a loved one passes away, it is important to determine whether they had a valid will in place. This can be accomplished through a careful search for the document. If a will is located, it will guide the distribution of the decedent’s assets in accordance with their wishes. If no will is found, it...

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