Attorney Blog Posts

The State of Texas has created will forms that are free and available for public use. Opinions differ on whether this...

The family allowance is paid from estate funds to the surviving spouse and sometimes to other qualified dependents. ...

Larry King died in 2021 at age 87 after a hospitalization for COVID-19. He hosted the “Larry King Live” show on CNN...

Britney Spears reached the top of the pop music charts in 1998 at age 16. In 2008, a guardianship was set up that...

A Texas appellate court recently included the surviving spouse’s IRA in the probate inventory and awarded half of it...

Please join us today from 10:30 to 11:30 at the Smith County Courthouse Annex as Lone Star Legal Aid and the Smith...

Can a will beneficiary accept benefits under the will and then later contest that same will, hoping to receive more...

Sometimes a few simple words can have a huge impact on how estates are distributed. That was true in two recent cases...

Texas has joined several other states by adopting the Uniform Partition of Heirs’ Property Act.  The Act makes title...

The Tyler Court of Appeals recently upheld an undue influence finding that denied the probate of a will. Case...

A will or an estate plan is important for most individuals to have. But unfortunately, it is considered an...

Aretha Franklin’s legendary singing career spanned five-plus decades. The “Queen of Soul” made the most appearances on...

Whether Texas recognizes a cause of action for tortious interference with inheritance has been unclear for years. This...

It has been over two years since music star Prince died, and his estate has incurred millions in costs without any...

In a 2017 case from the Tyler Court of Appeals, a signature card on a commonly used form failed to establish a right...

Texas recently adopted much of the Uniform Power of Attorney Act, resulting in a significant overhaul of the prior...

Disputes over life insurance benefits usually involve challenges to the named beneficiary on the policy. Lack of...

In a Supreme Court case where oral arguments were held in Longview, the Court recently issued an opinion on the...

Ray Price was a famous country music singer and songwriter who passed away in December of 2013 at age 87. He was...

Suits for power of attorney abuse are becoming more frequent. Standing to sue is a common barrier to bringing suit. A...

The tortious interference with inheritance cause of action has been discussed with differing results by several Texas...

Casey Kasem died in June of 2014 at age 82. Prior to his death, adult children from Kasem’s first marriage were...

In a 2013 case from the Tyler Court of Appeals, an estranged wife was given the ability to control the disposition of...

Sherman Hemsley was the actor best known for his television role as George Jefferson on "All in the Family" and "The...

The 84th session of the Texas Legislature produced several statutory changes that impact not just the probate and...

Casey Kasem, the legendary host of American Top 40, died recently at age 82. During the last two years of his life, he...

In a recent criminal appeal from Lubbock, the defendant was convicted of theft from an elderly person. The funds in...

The emerging Texas cause of action for tortious interference with inheritance was discussed in a 2013 case from the...

Can a person who has been declared incompetent in a guardianship proceeding still execute a valid will? Yes, depending...

Will contests are a nuisance to the deceased's heirs as well as to the drafting attorney. The risk of a will contest...

The San Antonio Court of Appeals recently discussed the elements of undue influence in a case involving the estate of...

Action by the probate court is essential to properly handle a wrongful death case. Some of the pitfalls that can trap...

It is well known that people who are not formally married to each other may still be in a legally recognized common...

Many trusts remain active several decades after inception, and they need to be revised to continue to function well....

Many times clients choose not to probate a will so that legal fees can be saved, especially when the estate is...

The surviving spouse has significant rights under Texas probate law. This can bring common law marriage into play when...

The 2011 session of the Texas Legislature resulted in two amendments that will impact the ability to remove and sue...

Sometimes will provisions are in conflict with each other or are unclear. The testator's estate plan can be radically...

If a person gets a divorce, do estate planning provisions in favor of the ex-spouse remain in effect, or are they...

Fiduciaries such as executors, trustees and guardians face civil liability if they fail to properly care for the...

Does not having an original will mean that a copy can't be probated? Probably not, as copies of wills are routinely...

Although the Texas Supreme Court has not yet recognized a cause of action for tortious interference with inheritance,...

Not all influence over a person making a will, trust or deed is considered to be “undue” influence that would...

Most independent executors assume that they can take any action for the estate without probate court involvement....

What are the time deadlines for suing an objectionable trustee? This summer, the Texas Supreme Court ruled that the...

How difficult is it to remove an undesirable executor? This summer, the Texas Supreme Court answered that question....