Probate Administration Archives

Administering an estate can be a complex and time-consuming task. Our skilled Dallas probate attorneys are here to alleviate the burden and guide you through the probate administration process. From gathering assets and paying debts to distributing inheritances, we ensure that the wishes of the deceased are honored. Schedule an online consultation with our knowledgeable team and let us handle the intricacies of probate administration, giving you peace of mind during this challenging time.

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Jul

When the Executor Walks Away: What Happens to a Texas Probate Appeal Without a Representative?

July 16, 2026Probate AttorneyArticles, Probate Administration

Administering a loved one’s estate is rarely simple, and when property ownership is disputed, it can stretch into years of litigation. An executor takes on a real responsibility: they are the legal face of the estate in court, and the estate cannot act without them. So what happens when an executor resigns in the middle...

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Sep

Surviving Spouse Claims Interest in Husband’s Family Business

September 14, 2025Probate AttorneyCommunity Property, Probate Administration, Probate Litigation

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...

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Jul

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

July 9, 2025Probate AttorneyEstate Planning, Probate Administration

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...

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Jun

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

June 25, 2025Probate AttorneyProbate Administration

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...

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11heir property in Texas partition action

Jun

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

June 13, 2025Probate AttorneyArticles, Estate Planning, Partition of Property, Probate Administration, Probate Litigation

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...

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Mar

When Can Heirs File Suit on Behalf of a Texas Estate?

March 5, 2025Probate AttorneyArticles, Probate Administration, Probate Litigation

Families who lose loved ones often find themselves in disagreements about property that may have been improperly transferred before a loved one’s death. When these disputes arise, the question arises as to who has the legal authority to challenge these transfers? Is it limited to the estate’s personal representative or can the heirs bring suit...

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Oct

The Role of the “Fiduciary Duty” in Probate Disputes

October 4, 2023Probate AttorneyArticles, Probate Administration

Probate disputes often involve conflicting claims by family members. The claims can result from misunderstandings or even viewing the same facts from a different perspective. The claims can also come from outright theft and other wrongdoing. The outcome in these types of disputes can often come down to who has the burden of proof in...

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11courtroom justice independent executor

Aug

When Can an Executor Be Removed for Conflicts of Interest?

August 31, 2023Probate AttorneyArticles, Probate Administration

The probate process involves settling the decedent’s financial obligations, paying debts and taxes, identifying and appraising assets, and distributing the remaining assets to the rightful beneficiaries or heirs. This is a multifaceted process that involves a careful balance of probate laws, family relationships, beneficiary interests, and executor responsibilities. One particularly crucial aspect of the probate...

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Aug

Case Study: Home Ownership After a Spouse Dies Without a Will

August 26, 2023Probate AttorneyArticles, Probate Administration

In Dallas, Texas, Jimmy’s life took a complicated turn when he lost his wife and was faced with navigating the nuances of Texas estate law. His stepson Bob, absent for nearly a decade, unexpectedly inherited a 50% stake in the home Jimmy thought was fully his. Texas Estates Code provides guidelines for what happens when...

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Jul

Using the Texas Probate Laws to Avoid a Foreclosure

July 2, 2023Probate AttorneyArticles, Probate Administration

What happens if someone owns real estate that is subject to a mortgage and the mortgage goes unpaid because they died? Can the bank foreclose on the property? If so, what steps should the surviving family members take to protect the property? The recent Midfirst Bank v. Robbinson, No. 3:22-CV-0333-M-BH (N.D. Tex. 2023) case provides...

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