Our Blog

Guardianship and Criminal Courts

A court-appointed guardian is not always able to maintain control over an active ward, and in certain circumstances, a ward’s conduct results in criminal prosecution of the ward. Unfortunately, the Estates Code, which governs guardianships, and the Criminal Code do not offer much room for interaction. In fact, even though a guardian in a probate… Read More

Beneficiaries, Heirs, and Probate Estate Creditors

The legal concepts involved in property passing upon someone’s death can stump even the most experienced probate attorneys. Creditors and estate beneficiaries in probate litigation launch fierce battles concerning who has a right to certain estate property. Generally, when someone passes away (that person is called a “decedent”), property passes to the people named in… Read More

When is a Guardianship an Emergency?

It happens more often than we like to imagine – your mom and dad are not able to make decisions for themselves, and a stranger befriends them and starts becoming increasingly involved in your parents’ lives, eventually gaining access to their home and bank accounts. Or sometimes an elderly neighbor unable to care for herself… Read More

Family Allowance in Probate Court

When someone passes away (that person is called a “decedent”) and leaves behind a surviving spouse, minor child, and/or adult incapacitated children, those survivors may be entitled to receive a family allowance. The family allowance often comes up in cases where a decedent disinherited his or her spouse. Only the payment of funeral expenses and… Read More

Bonds in Probate Court

Clients are often surprised to learn that Texas law requires them to obtain a bond in certain matters. Bonds most frequently arise in cases where one individual is acting as a fiduciary in handling someone else’s property, such as in dependent administrations and guardianships of the estate. The purpose of a bond is to protect… Read More

Why Do I Need a Power of Attorney?

When we counsel clients concerning their own estate planning, the question often arises of the importance of powers of attorney. When drafted and used properly, powers of attorney can be strong devices to protect you and your family. Generally, a power of attorney is a document that allows you to appoint another person (called an… Read More