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

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