In specialized Texas probate proceedings, courts at times order one party to pay the other party’s attorney fees. However, specific statutes, rules, or case law must permit fee-shifting, and sufficient evidence must support the amount awarded. The Mortensen v. Villegas, 630 S.W.3d 355 (Tex. App. – El Paso [8th Dist.] 2021) case explores the standards...KEEP READING
In the world of estate planning and probate, wills are crucial legal documents that ensure a person’s final wishes are carried out as intended. There are many types of wills, including holographic will. According to Section 251.051 of the Texas Estates Code, a holographic will is a will entirely handwritten by the testator (the person...KEEP READING
Background John is seeking to contest his father William’s will after William passed away in November 2022 in Corpus Christi, Texas. William had executed a new will in April 2022, at the age of 89, which John believes was a result of undue influence by his brother and sister-in-law. Additionally, John claims that William had...KEEP READING
When it comes to life insurance policies, it’s important to make sure that the beneficiary you have designated is the person you truly want to receive the death benefit. Unfortunately, there are situations where someone may use undue influence to change the beneficiary of a policy without the policyholder’s knowledge or consent. In this blog...KEEP READING
Introduction If you’re considering adopting a child in Texas, you may be wondering if that child will be considered a descendant of your will. The answer to that question depends on a few different factors. In this blog post, we’ll explore the definition of a “descendant” in Texas and how it applies to adopted children....KEEP READING
Introduction When it comes to giving gifts, we usually think of happy occasions like birthdays and Christmas. But what about when someone is nearing the end of their life? In Texas, there is a provision for what’s known as a Causa Mortis gift. This allows a person to give away property or possessions that they...KEEP READING
In Texas, probate court is the venue in which family members, friends, and business associates can contest a will. The Texas Estates Code sets out rules for how the court should handle these disputes. You might be wondering, if evidence of past misconduct toward an estate can be admitted as evidence to prove undue influence....KEEP READING
Introduction: When Can Probate Be Disputed in Texas? Probate is the legal process of transferring a person’s property and assets after they die. If you are named in a will as an executor, it is your responsibility to see that the probate process goes smoothly. However, there are certain situations in which probate can be...KEEP READING
While it is not a pleasant topic to think about, disinheritance – being cut out of a will – is a reality that many people face. If you have been disinherited, it is important to understand your legal rights and options. You might have questions such as What are the grounds for disinheritance in Texas?...KEEP READING
