Attorney Blog Posts

Will Forms, Free to the Public
The State of Texas has created will forms that are free and available for public use. Opinions differ on whether this...

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

Kolder and Milam obtain $18.4 Million Jury Verdict in Fiduciary Litigation Case
Ramey & Flock’s Eric Kolder and Chelsea Milam prevailed in a six day jury trial in South Texas in a case...

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

Kolder and Milam Defeat EEOC in Federal Trial
Eric Kolder and Chelsea Milam defeated the United States Equal Employment Opportunity Commission in federal court...

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

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

2021 National Pro Bono Celebration
Please join us today from 10:30 to 11:30 at the Smith County Courthouse Annex as Lone Star Legal Aid and the Smith...

2020 – 2021 Smith County Bar Association Volunteers
We would like to thank ALL of our 2020 - 2021 Smith County Bar Association Volunteer Attorneys for their generosity...

You Can’t Have It All
Can a will beneficiary accept benefits under the will and then later contest that same will, hoping to receive more...

Things To Know Before Hiring An Attorney
With so many attorneys out there, selecting the right one can feel overwhelming. If you select the wrong lawyer for...

Major Change to Texas Law! Sexual Harassment Liability
Until now, Texas Labor Code Chapter 21 has defined “employers” who may be liable for sexual harassment claims to be...
FREE WEBINAR – Labor & Employment Laws
Mark your Calendars! FREE WEBINAR Business Leaders S E R I E S May 20, 2021 • 12 Noon The May Webinar will focus...

FLSA Collective Action – Wage & Hour Lawsuits: Not as Scary Now
For years, wage and hour lawsuits against businesses for alleged wage and hour violations have been painful and...

Eric Kolder Speaks At Labor Law Update Webinar
Monday, March 15, 2021 – 11:30AM – 12:30PM Hosted by: Better Business Bureau – Central East Texas – Webinar Series –...

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

Ramey & Flock Welcomes New Attorney Josh Ellis
Josh Ellis recently joined Ramey & Flock as an associate attorney. Josh, an East Texas native from Atlanta, Texas,...

“Cat’s Paw” Liability—Is that a real thing?
The Fifth Circuit Court of Appeals recently ruled on a case involving something called the “cat’s paw theory” of...

Heir Property Transfers
Texas has joined several other states by adopting the Uniform Partition of Heirs’ Property Act. The Act makes title...
Non-Probate Accounts Pulled Into Probate
In some situations, joint accounts that are otherwise non-probate assets can be brought into the probate estate. The...
Supreme Court Decides Sexual Orientation & Transgender Employment Discrimination Cases
The Supreme Court of the United States published its long-awaited opinion this week addressing employment...
“Strong Arm” Sale Ends Loncar Estate Battle
Brian Loncar died from a cocaine overdose at age 56 in December of 2016, two days after the funeral of his 16-year-old...

Overtime Rule Change and Homosexual/Transgender Discrimination
The Department of Labor recently announced their final rule expanding overtime eligibility to 1.3 million American...

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

Why Most Adults Need an Estate Plan
A will or an estate plan is important for most individuals to have. But unfortunately, it is considered an...

The Differences Between a Trademark and Copyright
A trademark and copyright are each different types of intellectual property protection, which aim to prevent...

Congrats Ramey & Flock Trial Team!
Congratulations to our trial team (Attorneys Paul Gilliam & Alan Brown, Legal Assistant Brenda Montano and IT...

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

Eric Kolder Served on Expert Panel
Eric Kolder recently served on expert panel at the East Texas Employment Survey seminar held on Wednesday, May 29,...

6 Ways to Prepare for a Business Lawsuit
Legal disputes are very unpleasant things. And though often not quite as personal as legal disputes between family...

Eric Kolder speaks at East Texas Human Resource Association.
Eric Kolder spoke on May 8, 2019 at the May meeting of the East Texas Human Resource Association. The topic was "FLSA...

Who Stole From J.R.?
Actor Larry Hagman was famous for his role as oil tycoon J.R. Ewing on the Dallas TV series that aired from 1978 until...

Eric Kolder speaks at the 2019 TACC Business Workshop
Eric Kolder recently spoke at the 2019 TACC Business Workshop on January 17, 2019. Topic was 2019 Employment Law...

No Tortious Interference in Texas
Whether Texas recognizes a cause of action for tortious interference with inheritance has been unclear for years. This...

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

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

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

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

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

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

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

Tortious Interference: Does it exist?
The tortious interference with inheritance cause of action has been discussed with differing results by several Texas...

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

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

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

2015 Legislative Update: Probate Litigation & Beyond
The 84th session of the Texas Legislature produced several statutory changes that impact not just the probate and...

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

Theft from Elderly Person’s Bank Account
In a recent criminal appeal from Lubbock, the defendant was convicted of theft from an elderly person. The funds in...

Tortious Interference with Inheritance: New Case
The emerging Texas cause of action for tortious interference with inheritance was discussed in a 2013 case from the...

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

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

King Ranch & Undue Influence
The San Antonio Court of Appeals recently discussed the elements of undue influence in a case involving the estate of...

Probate Pitfalls in Wrongful Death Cases
Action by the probate court is essential to properly handle a wrongful death case. Some of the pitfalls that can trap...

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

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

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

Common Law Spouse Cashes In
The surviving spouse has significant rights under Texas probate law. This can bring common law marriage into play when...

2011 Legislative Update: Executor Removal, Estate Closing
The 2011 session of the Texas Legislature resulted in two amendments that will impact the ability to remove and sue...

Will Construction: Reading the Testator’s Mind
Sometimes will provisions are in conflict with each other or are unclear. The testator's estate plan can be radically...

Divorce: Is Ex-Spouse Still in the Estate Plan?
If a person gets a divorce, do estate planning provisions in favor of the ex-spouse remain in effect, or are they...

Criminal Liability of Executors & Trustees
Fiduciaries such as executors, trustees and guardians face civil liability if they fail to properly care for the...

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

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

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

How Independent are Executors?
Most independent executors assume that they can take any action for the estate without probate court involvement....

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

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