Families often treat a disclaimer as a courtesy. One heir signs a piece of paper saying he does not want anything, everyone agrees the estate should go to somebody else, and the paperwork moves. It feels like a housekeeping step. It is not. A disclaimer is one of the most powerful documents in Texas probate, […] The post Affidavit Disclaimer in Texas… The post Affidavit Disclaimer in Texas Small Estate… Continue reading Affidavit Disclaimer in Texas Small Estate Affidavits

What is an indemnity agreement in Texas probate? Learn when banks require one before releasing estate funds and what happens if you refuse. The post Indemnity Agreement Refused: When a Bank Can Interplead Estate Funds in Texas appeared first on Corpus Christi Probate Attorneys. … The post Indemnity Agreement Refused: When a Bank Can Interplead Estate Funds in Texas appeared first on Kreig LLC. Read More

A will is a snapshot. It captures what someone wanted on the day they signed it. Life keeps moving after that. People die, marriages end, children are born, and the trusts and companies named in the document quietly wind down on their own schedules. The will does not update itself. Most people know what happens […] The post When the Trust Named… The post When the Trust Named in Your… Continue reading When the Trust Named in Your Will No Longer Exists: The Lapsed Residuary Clause Problem in Texas Probate

Estate fights get personal fast when a house is on the line. A dependent administrator decides the family home has to be sold to pay debts. The heirs see the property as theirs. So when the probate court signs an order allowing the sale, the first instinct is to run to the court of appeals […] The post Appealable Probate Judgment: When… The post Appealable Probate Judgment: When Is a… Continue reading Appealable Probate Judgment: When Is a Texas Estate Order Final?

Selling real estate owned by a church or other organization is rarely as simple as signing a contract. The entity has its own governance, its own approval requirements, and its own internal dynamics — and any one of those can turn a straightforward sale into a fight. When those internal issues collide with the technical […] The post Schedule C Title Requirements… The post Schedule C Title Requirements in Texas:… Continue reading Schedule C Title Requirements in Texas: What Happens When a Seller Refuses to Perform

When a grandparent steps in as both the executor of a child’s estate and the trustee of trusts set up for the grandchildren, family loyalty can blur what the law actually requires. A grandfather who pays for tuition, covers living expenses, and quietly handles the family’s money looks nothing like a wrongdoer. But the legal […] The post When the Clock Already… The post When the Clock Already Ran: Constructive… Continue reading When the Clock Already Ran: Constructive Notice of Probate Records and Fiduciary Protection in Texas

When a probate court enters a final judgment — say, authorizing a lender to foreclose on estate property — that decision is supposed to be the end of the road. But what happens when someone keeps filing new lawsuits, in different courts, trying to undo that same result? At what point does the legal system […] The post When Res Judicata Blocks… The post When Res Judicata Blocks Collateral Attacks… Continue reading When Res Judicata Blocks Collateral Attacks on Probate Foreclosure Orders

Most people assume a will has to be signed at the bottom of the last page containing the estate plan’s provisions. When a testator’s signature appears on a completely separate page, one containing no dispositive language, does the will fail to meet Texas’s execution requirements? This seemingly technical question can determine whether an entire estate […] The post Can a Signature on… The post Can a Signature on Another Page… Continue reading Can a Signature on Another Page Create a Binding Will in Texas?

When a loved one dies, leaving behind multiple wills executed over many years, family members who believe they should inherit often face a threshold question: do they even have standing to challenge the most recent will? The answer is complicated when an older, self-proved will exists that would control even if the newest will is […] The post Standing in a Texas… The post Standing in a Texas Will Contest… Continue reading Standing in a Texas Will Contest Despite Older Self-Proved Wills

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 […] The post Examining Attorney Fee Awards in Texas Probate Proceedings appeared first on Kreig… Continue reading Examining Attorney Fee Awards in Texas Probate Proceedings