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Probate Articles
11Divorce Appeal
When your right to participate in a probate case depends on whether your divorce was valid — and that divorce is still being fought on appeal — should the probate court wait for the answer? Or can it go ahead and throw you out? That question sits at the intersection of family law and probate...
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11Duty of Confidentiality
Can a family member who is not a beneficiary of a trust force the trustee to produce a copy of the trust? What if there is a genuine dispute and litigation going between the family members? Can the family member who is not named in the trust then obtain a copy of the trust? From...
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11Unsuitable Executor
When someone dies, leaving a will that names a family member as executor, most assume that person will automatically serve. The reality is more complex. Texas probate courts have broad discretion to reject a named executor if circumstances suggest unsuitability. What happens when the named executor admits to pointing a gun at another heir? This...
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