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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 »

Priority to Serve as Guardian

In a guardianship action for an incapacitated adult, there are many factors a court considers in the appointment of a guardian. A court must find that the person is not disqualified to serve as guardian. A few of the easier-to-determine factors for disqualification require that the proposed guardian: is over age 18; does not have […]Read More »

Gaining Control of Estate Property - Turnover Orders

A guardian of the estate or an estate administrator (such as an executor) is entitled to possess and manage all property that belongs to the ward (person who is legally incapacitated) or to the estate. A guardian or an administrator is called a fiduciary. Fiduciaries have a duty to care for the guardianship estate property […]Read More »

I'm Named as Executor: Now What?

Serving as executor of an estate is both an honor and a significant undertaking, as it usually requires at least one court hearing, and what can be major work to value, distribute, and sometimes sell estate property as directed by a will and the law. If you have an original will that has not yet […]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 »

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