A Texas Supreme Court decision, Suday v. Suday, established a minor exception to this rule. In that case, Marybel Suday was the executor and sole beneficiary of her mother’s estate. She was originally represented by counsel in litigation relating to the distribution of estate property, as well as her parents’ divorce. However, Suday eventually decided that she did not want the lawyer to represent her and opted to handle the lawsuit herself. 

In its decision, the Texas Supreme Court noted that the rationale of the ban on executor pro se representation was the protection of third-party beneficiaries. Recognizing that there were no other heirs to her mother’s estate, the justices allowed Marybel Suday to represent herself, because the lack of professional counsel would not hurt anyone else. 

Even if a Texas executor who is also sole beneficiary may represent themselves pro se, it is wise to entrust probate litigation matters to a qualified attorney. Missteps can derail administration, undermine credibility with the court, increase costs and prolong disputes. In fact, Marybel Suday herself is a prime example of the problems that can arise without professional legal support.

After the state Supreme Court’s reversal on the pro se representation issue, Suday brought an appeal both on the estate’s behalf and hers personally as a beneficiary. This was not necessary or useful because her claims regarding her parents’ divorce were already rejected in her individual capacity. Moreover, the Court of Appeals in San Antonio stated in its decision that many of the case Suday cited to support her claim did not exist. This drives home that point that even where pro se representation is technically permitted, probate is a specialized, procedure-heavy arena best left to experienced attorneys.  

Grob & Associates Law Firm PC represents estates and beneficiaries in probate litigation actions from our North Texas offices in Rockwall and Wylie. To schedule a consultation, call us at 972-777-5701 or contact us online. 

Richard C. Harris drafted a will in which he declared that arbitration would be the sole means of resolving a dispute relating to the will or trust he created. Beneficiaries who did not agree to this term would forfeit any benefit conferred by his estate planning instruments. Harris specifically included breach of fiduciary duty claims within the mandatory arbitration provision. Moreover, the will said the clause would apply even in situations where the dispute was based on appropriate grounds. 

The Court of Appeals for Texas in Waco reviewed the Texas Arbitration Act (TAA) to determine if parties to a probate or trust dispute could be compelled to go to arbitration. While the TAA does bar mandatory arbitration provisions in certain situations, such as collective bargaining agreements, no such prohibition applies to probate matters. The court emphasized a basic principle of statutory interpretation: if the Legislature had intended to exclude probate disputes from arbitration, it could have said so. 

Similarly, the court rejected the argument that enforcing the arbitration clause would usurp the probate court’s authority to resolve disagreements among parties to a will. Justice Steve Smith’s decision noted that the court retains the power to confirm or deny the arbitrator’s holding. Given that the grandchildren who brought the challenge had accepted their bequests, the mandatory arbitration provision in the Harris will was held to be valid and enforceable. 

If you are concerned that loved ones will engage in a dispute over your will or trust after you are gone, there are several options you can discuss with your attorney. Many testators include a no-contest, or in terrorem, clause, which prevents someone who contests a will from receiving any part of the estate. However, these provisions usually will not be enforced if the challenge is made in good faith. That could be why Richard Harris opted for an arbitration requirement instead. 

Grob & Associates Law Firm PC advises clients on estate planning and represents parties in probate litigation matters. We have two North Texas offices, located in Rockwall and Wylie. To schedule a consultation, call us at 972-777-5701 or contact us online. 

When you wish to act as administrator for the estate of someone who died intestate, you should notify the Probate Court in the county where the decedent lived. When possible, courts usually appoint a close family member who has demonstrated the willingness and ability to handle the probate process. Given the absence of a will, property owned by the deceased is not distributed based on what their preferences might have been, but Texas intestate succession laws. 

Intestate succession is a priority system in which heirs are determined by their familial relationship to the decedent. Each family member in a particular category is treated equally. It does not matter that the person who died was very close to one sibling, but estranged from the other. They both receive the same value. The order of priority generally follows this structure:

• Surviving spouse — Community property acquired during the course of the marriage is typically owned equally by both spouses. If the decedent had no children or grandchildren from other relationships, the surviving spouse takes full ownership of community property. When the decedent did have children or grandchildren unrelated to the surviving spouse, those descendants inherit the deceased individual’s share of their community property and two-thirds of their separate personal property. 

• Children and grandchildren — If there is no surviving spouse, the estate passes completely to the decedent’s children in equal shares. In situations where a son or daughter passed away prior to the decedent, their children, if any, receive their inheritance.

• Parents and siblings — Next in the succession priority for unmarried people who die without living descendants are parents and siblings. For example, if one parent and multiple siblings survive the decedent, half of the estate goes to the parent while the other half is divided among the siblings. 

Most situations do not require it, but extended family members such as grandparents, aunts, uncles, cousins might be entitled to inherit assets if closer relatives are not alive. 

Intestate succession provides a legal roadmap, but it is not a substitute for a well-drafted estate plan. If you’ve lost a loved one who had no will—or want to prevent your loved ones from having to deal with intestacy—speaking with an experienced Texas attorney can make all the difference.

Grob & Associates Law Firm PC advises Texans on a wide range of probate and estate planning issues. Please call 972-777-5701 or contact us online for a consultation. Our offices are in Rockwall and Wylie.  

One simple, common method of shifting real estate title is through a transfer-on-death deed. This legal instrument, authorized by statute, allows a property owner to name one or more beneficiaries who will assume title upon the owner’s death. This transaction occurs outside the probate process, so the recipient(s) will not have to wait until the estate is settled to take control. While the original owner is alive, they retain exclusive title to the parcel and can revise or revoke the transfer-on-death designation at any time. 

A “Lady Bird” deed, also known as an enhanced life estate deed, has many similarities to a transfer-on death deed, including the benefit of probate avoidance. However, a Lady Bird designation might offer advantages when it comes to protecting beneficiaries from creditors. Also, should the original owner be unable to execute the deed, their agent can do so. This is not allowed with a transfer-on-death instrument. 

There are also options that give eventual beneficiaries a legal interest in the property while the original owner is still alive. Under joint tenancy with right of survivorship, two or more owners possess the title and must consent to transactions, such as sales and loans secured by the property. When one owner dies, the other(s) take full ownership without the parcel going into the decedent’s estate. In situations where the joint owners are married spouses, this can be referred to as community property with right of survivorship. 

You can also help your loved ones bypass probate by transferring real estate into a trust. Terms of the trust can state that you are able to enjoy the property during your lifetime, then have it shifted to people you name once you pass away. A strategic gift is another possibility. 

As each tool has advantages and possible pitfalls depending on your situation, you should speak with a knowledgeable estate planning attorney concerning which option works best for you, as well as other ways to transfer assets outside of the probate system.  

Grob & Associates Law Firm PC handles a wide range of estate planning and probate matters for North Texas residents from offices in Rockwall and Wylie. Please call us at 972-777-5701 or contact us online to make an appointment. 

Heirs and interested parties can challenge a last will and testament for several reasons, but the decision to do so should only be made after careful thought and consultation with a qualified probate litigation attorney. To halt enforcement of a will’s terms, a challenger must prove one of the following grounds by a preponderance of the evidence:

• Forgery, alteration or deception — A signature that does not seem to be accurate might signal a forgery. There could also be other language in the document that appears to have been added or changed by someone beside the purported testator. Another potential ground is that the person who signed the will was deceived about its contents.
• Undue influence — Elderly individuals and those suffering from serious physical ailments could be vulnerable to coercion from a dishonest person. If you suspect undue influence led the decedent to put something in their will that did not reflect their true intentions, it is important to take prompt action. Many of these cases involve friends and family members who try take advantage of the testator’s trust in them. Courts look for isolation of the testator, a confidential relationship with the influencer, sudden changes from prior estate plans or the influencer’s active participation in preparing the will.
• Failure to meet legal requirements — Texas wills must be written and signed by a legal adult testator, as well as two disinterested witnesses. A possible flaw could be that a witness is an interested party. Additional rules exist for handwritten documents. There is a four-year deadline from the date of the decedent’s passing to start the probate process unless the court finds special circumstances exist.
• Lack of testamentary capacity — To make a valid will, a person must understand the nature of what they are doing. If the testator suffered from dementia, severe illness or another impairment at the time of signing, medical records and witness testimony can support a capacity challenge.

Don’t hesitate to contact a lawyer if you have suspicions about a will, because strict deadlines apply to contest the validity of a testamentary document.  

Our experienced attorneys at Grob & Associates Law Firm PC represent clients in will contests and other forms of probate litigation from our North Texas offices in Rockwall and Wylie. To schedule a consultation, call us at 972-777-5701 or contact us online.