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

The death of an incapacitated ward does not immediately end a guardianship or a guardianship proceeding. Texas law requires the settlement of a guardianship after a ward’s death, which may involve resolving pending reimbursement claims, fee requests, accountings, and other unfinished business.  The In re Semrad, No. 01-21-00491-CV (Tex. App.–Houston [1st. Dist.] 2023) case provides […] The post Guardianship Doesn’t End When the Ward Dies appeared first on Kreig LLC.… Continue reading Guardianship Doesn’t End When the Ward Dies

What happens if you are not married but have a child with someone, and then you die when the child is a minor?  To further complicate it, let’s assume you do not have a will.  Who has the right to serve as the personal representative of your estate?   If you are survived by your mother, […] The post Complications When Minor Children Born Outside of Marriage Inherit appeared first on… Continue reading Complications When Minor Children Born Outside of Marriage Inherit

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 […] The post Holographic Wills in Texas & Tips for Handwritten Wills appeared first on… Continue reading Holographic Wills in Texas & Tips for Handwritten Wills

Probate law can be complex and confusing, particularly when it comes to interpreting a testator’s intent. In Patrick v. Patrick, the Texas Court of Appeals considered the question of whether a testator’s beneficiaries should be responsible for paying estate taxes on non-probate assets. In this blog post, we’ll review the facts and procedural history of […] The post Understanding Texas Probate Law: An Overview of Patrick v. Patrick appeared first… Continue reading Understanding Texas Probate Law: An Overview of Patrick v. Patrick

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 […] The post Case Study: Contesting a Will in Texas Probate Law appeared first on… Continue reading Case Study: Contesting a Will in Texas Probate Law

When a loved one passes away, the probate process can be overwhelming and confusing, particularly if there are disputes over the distribution of assets or the appointment of an executor. In this blog article, we will explore a case study that highlights the legal issues that can arise during the probate process in Texas, especially […] The post Navigating Probate Law and Will Validity: A Case Study appeared first on… Continue reading Navigating Probate Law and Will Validity: A Case Study

When a loved one enters a nursing home for long-term care, it can be a difficult and confusing time for their family. In some cases, the nursing home may require a guardian to be appointed to make decisions on behalf of the person receiving care. But what happens when none of the family members want […] The post Guardianship and the Nursing Home: Understanding Your Options in Texas appeared first… Continue reading Guardianship and the Nursing Home: Understanding Your Options in Texas

Probate is an important but complex process, and it can be a difficult thing to navigate. That’s especially true if you’re unfamiliar with the laws in Texas, where the probate rules can differ significantly from those of other states. If you’re looking to learn more about the Texas probate process, this blog post is for […] The post 10 Things You Didn’t Know About Texas Probate appeared first on Kreig… Continue reading 10 Things You Didn’t Know About Texas Probate

In a world where loved ones are plagued by the cruel afflictions of the mind, such as dementia, it can be a heavy weight to bear the responsibility of their care. But there is solace to be found in the courts of Texas, where multiple individuals can be named as co-guardians, sharing in the burden […] The post The Burden and Beauty of Co-Guardianship appeared first on Kreig LLC. Read… Continue reading The Burden and Beauty of Co-Guardianship