Probate Litigation Archives

In the unfortunate event of a dispute or conflict arising during probate proceedings, our Dallas probate attorneys are prepared to protect your rights and advocate for your interests. With extensive experience in probate litigation, we handle a wide range of issues, including will contests, disputes over asset distribution, and allegations of breach of fiduciary duty. Don’t let legal disputes overshadow the grieving process. Schedule an online consultation today to discuss your case with our dedicated attorneys and take the necessary steps to resolve probate litigation effectively.

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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, 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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Jun

When Texas Real Estate Passes Outside of Probate

June 9, 2025Probate AttorneyArticles, Probate Litigation

It is common for families to transfer real estate from one generation to another. This often results in probate disputes, particularly when ownership questions are not fully discussed and the transfers are discovered years after the person who made the transfer died. These situations become particularly complex when the disputed property has connections to a...

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Apr

Nursing Home Negligence Cases: The Importance of Expert Reports

April 12, 2025Probate AttorneyArticles, Nursing Home Litigation, Probate Litigation

Nursing home negligence cases often begin with a family’s discovery that their loved one suffered preventable harm while under medical care. These discoveries are often not made until after the loved one dies. When this happens, Texas law provides specific procedures for holding healthcare providers accountable. A cornerstone of these procedures is the expert report...

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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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Nov

Most Probate Court Orders Are Not Immediately Appealable

November 23, 2024Probate AttorneyArticles, Probate Litigation

When a probate court makes decisions during the administration of an estate, parties who disagree with those decisions may want to appeal right away. If the probate court makes a decision that negatively impacts the party’s rights, time may be of the essence to fix it. From an economic or practical perspective, a delayed fix...

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Nov

When are Sanctions Levied Towards Attorneys Applicable During Court?

November 21, 2023Probate AttorneyArticles, Probate Litigation

Courts possess significant powers to impose sanctions on attorneys who improperly abuse legal processes. Various procedural rules and statutes grant courts discretion to levy monetary sanctions when attorneys engage in frivolous litigation tactics or misconduct. As the Brenners v. Green, No. 06-20-00044-CV (Tex. App. – Texarkana [6th Dist.] 2020) case exemplifies, determining appropriate sanctions requires...

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Oct

Can an Unsigned Handwritten Document Count as a Will?

October 27, 2023Probate AttorneyArticles, Probate Litigation

If someone dies in Texas and they left a handwritten written document that gives away their property on death, can that document be a valid will? What if the person did not sign the will? The answer is often, “yes,” as Texas law allows for handwritten wills. The courts will often admit the wills even...

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Sep

About Court Sanctions in Texas Probate Cases

September 21, 2023Probate AttorneyArticles, Probate Litigation

When you make a filing with the courts or enter an appearance, you are subjecting yourself to the rules of the court. Litigation is a serious matter. It has real-world consequences, like sanctions, which can be very serious. The courts have a number of laws and rules at their disposal to ensure that the parties...

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Mar

When Distributions Aren’t Made According to the Will

March 16, 2023Probate AttorneyArticles, Probate Litigation

This is a Case Study analysis on the facts of Patrick v. Patrick, 182 S.W.3d 433 (Tex. App. – Austin 2005, no pet.), as if it were to be decided today. It is not an analysis of the court’s holding in this case. Introduction Probate law governs the distribution of a deceased person’s assets. In...

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Feb

What Is the Correct Standard of Review on a Probate Appeal?

February 23, 2023Probate AttorneyArticles, Probate Litigation

Appealing a Texas probate court’s decision to a higher court invokes the “abuse of discretion” standard of review. This deferential standard differs from the de novo review used in some other appeals. Understanding when a probate court abuses its discretion is key for parties embroiled in probate disputes. The Estate of Glover, 744 S.W.2d 939...

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