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Post-Dissmisal Orders

Can a Texas Probate Court Keep Going, Even After Dismissal?

Guardian cases can go on for some time. But when a guardianship case gets dismissed, you would think that’s the end of it. The court closes the file. The parties move on. But what happens when the court continues issuing orders after dismissal? Can a probate court exercise authority over a proceeding that technically no […]

Holographic Will

Can You Transfer of Subsidiary LLCs by your Will or Estate Plan?

When someone owns an LLC that owns assets, can the person give the LLC-owned assets away via their will or estate plan? While many know that they can give away their LLC interest by will, some may not know that they cannot give away LLC assets. This confusion often comes up as it isn’t aways […]

sale of joint property in texas probate

Can an Executor Sell Property They Own Joinly With the Estate?

Family property disputes often take an unexpected turn when siblings inherit land together. One sibling decides to sell their share to an outside buyer. The remaining family members watch helplessly as a stranger becomes their new co-owner in property that has been in the family for generations. The situation becomes even more complicated when the […]

Partition probate property

Estate Plans Trump Partition Laws in Texas Probate Cases

Property disputes among siblings after parents pass away are common. One brother wants to sell. Another wants to keep the family land. A third argues everyone should get equal value regardless of which parcel they receive. These conflicts often result in litigation when the property has unequal features—maybe one section has road frontage or commercial […]

community property new spouse

Surviving Spouse Claims Interest in Husband’s Family Business

When someone marries into a family that owns and operates a business, there can be questions as to whether the new spouse has any rights or claims to the family business. Imagine the scenario where parents create a business and gift shares to their child. Their child then gets married. The couple is married for […]

probate of subsidiary entities

Do Subsidiary Bequests Include Parent Entity Ownership of the Same Sub?

You own several LLC interests. Some are owned outright. Some are owned by other LLC’s that you own. There are valid reasons for this, from asset protection to estate planning. But then you die. Then the survivors read your will. And guess what? You either forgot to update the will for changes you made when […]

partition property in Texas probate

The Partition Action is a Remedy to Request in Probate Administrations, Not a Right

Family disputes during probate administration often escalate when siblings disagree about what should happen to the family property. One child may want to keep the homestead in the family, while another sees it as an unproductive burden that should be sold. These conflicts become even more complex when a court has already removed the family […]

heir property in Texas partition action

Executor’s Power to Sell Trumps Partition Action for Heirs’ Property

You might think that receiving an ineritance is easy. How could that be complicated? The maxum that nothing is easy is fitting. When a family member inherits property, they may be inheriting a build-in legal problem. This often happens when property is left to more than one person and one person wants to keep the […]