If your adult siblings refuse to leave your deceased parents’ house, there are legal actions you can take. The appropriate course of action for your situation will depend largely on who inherited the home. For instance, if the sibling did not inherit the home, whoever received ownership can pursue an eviction. However, under Texas law, …
How Do I Get My Siblings Out of Our Deceased Parents’ House? Read More »
In Texas, while an executor of an estate does have to file an inventory, appraisement, and list of claims with the probate court, they are not necessarily required to show accountings to beneficiaries. A personal representative must file an inventory of the estate assets within 90 days of qualification. After that, in a dependent administration, …
Does an Executor Have to Show Accountings to Beneficiaries? Read More »
An IRA, or Individual Retirement Account, is a tax-deferred retirement savings account. Like most bank accounts, an IRA allows you to designate a beneficiary or beneficiaries who will inherit the account after your death. This enables you to pass an inherited IRA to your heirs outside of probate. If you and your siblings have jointly …
How Do You Split an Inherited IRA Between Siblings? Read More »
In Texas, you cannot assume ownership of someone else’s property by simply paying the balance of unpaid property taxes. However, you can purchase real estate, often at a discounted rate, at a tax foreclosure sale. According to Texas Tax Code § 32.01, a tax lien automatically attaches to real estate on January 1 of each …
What Happens If You Pay Someone Else’s Property Taxes In Texas? Read More »
El testamento es un documento de planificación patrimonial muy importante. Cuando usted fallezca, su testamento guiará la disposición de su propiedad y activos. Usted también puede designar en su testamento a un representante personal de confianza para que supervise la administración de su patrimonio. Sin embargo, un testamento inducido o ejecutado mediante fraude no es …
A person can contest a will if they believe the person who executed it was suffering from dementia at the time. However, whether the testator’s dementia is sufficient to invalidate the will depends on many factors, such as the nature and severity of their dementia symptoms. Is a will legal if the person has dementia? …
A lis pendens is a legal document that provides notice to the public that a lawsuit involving the ownership of real property is pending. This notice effectively prevents the real estate from being transferred, as the lis pendens serves as a warning to potential buyers. However, if the lis pendens was improperly filed, the property …
The recent appellate court decision in Breslin v. Breslin is causing an uproar for at least two reasons: (1) It authorizes probate courts to order trust disputes to mediation (as opposed to just mandatory settlement conferences); and (2) It stands for the proposition that a non-participatory beneficiary or heir may forfeit their beneficial interest for …
Executor fraud occurs when the executor of a will uses deceit to misappropriate estate assets for themselves or someone else who is not entitled to receive them. Claims of executor fraud can have serious consequences, including personal liability for the executor. What is executor fraud? Fraud occurs when the perpetrator unlawfully obtains money, assets, or …
What is Dead Man’s Statute? Dead Man’s Statute, also known as “Dead Man’s Rule” or “Dead Man Act,” is a rule of evidence that prohibits an interested party from testifying about conversations or transactions with a deceased person in a civil case. This limitation only applies if all of the following criteria are met: The …
Duress and claims of duress often come into play in estate conflicts and trust litigation. For example, if a will or trust is changed to favor one beneficiary over another, it’s common for the negatively affected heirs to investigate why they’re missing out on their rightful inheritance. We see cases every day in which duress …
Estate disputes that occur after a loved one passes away can be painful and exhausting, emotionally and financially. It’s for these reasons we often recommend that our clients participate in mediation to resolve their issues. In this guide to mediation of estate disputes, we’ll cover the primary things you need to know about how mediation …