Law Office of Michael A. Trevino

09/20/2021

Can you even challenge a will based on undue influence? Yes, while it is difficult, the Will Contest Guy has successfully helped many clients with contests based on undue influence. Please check out our latest blog post for more.

Texans are free to make a will as long it meets the requirements of state law. In general, these requirements are as follows:

07/03/2021

Deceased loved one owned real property in multiple states; can a Texas court transfer ownership for all real property located outside of Texas? No, a Texas court only has jurisdiction for property located in Texas. Please check out our latest blog post for more.

So, what do you do when your loved one had real property in multiple states besides Texas? Can a Texas Probate Court handle the transfer of ownership for all real property in all states?

05/28/2021

I was given up for adoption as a child. Can I inherit from my birth parents? Yes, if the birth parent died without a will. Please check out our latest blog entry for more information.

Yes, in Texas, generally, the adopted child can inherit from his or her birth parents. See Tex. Fam. Code Sec. 201.054(b). However, the birth parents may not inherit from the child they gave up for adoption. See Tex....

02/17/2021

Please check out our latest post.

We Handle Will Contests, Trust Disputes and Probate/Fiduciary Litigation all on a Contingent Fee. Please call us today at 713-795-8000 or visit our website ...

12/16/2020

Deciding whether to bring a will contest is a difficult proposition; does the timing of when to do so matter in Texas? Yes, please check out our latest blog post to find out more.

First and foremost, you must challenge a will within two years from when the will was admitted to probate or your claims may be barred by the statute of limitations. "Admitted to probate" simply means the will was appro...

12/07/2020

No-Contest clauses in wills or trusts often dissuade people from protecting their rights for fear of losing their inheritance, but should that be the case? No, as long as you have a good reason for bringing your challenge. These in terrorem or forfeiture clauses are usually used as scare tactics to thwart bogus claims. You can find out more in our latest blog entry.

Provided you had "just cause" for bringing the lawsuit and maintained it in "good faith," then it is unlikely the no-contest provision will be enforced against you. Make no mistake, no-contest (sometimes called in terro...

12/02/2020

What happened to all the money? I was supposed to receive everything in the will, but apparently, it all passed via non-probate to someone else. Please check out our new blog post to find out how to protect your rights.

We have seen this scenario unfold many times. A testator sees an attorney, has a will drafted, makes a plan and notifies his or her heirs of their inheritance--but when the loved one passed away, there was nothing in th...

11/24/2020

What is dementia and how does it affect the brain? Please click below to find out more.

If you have questions about challenging a will, trust or payable on death document based on lack of capacity, then please call us today for a free consultation.

11/23/2020

Scientists continue their research on age and the brain; see the recent 60 minutes story on the subject.

https://www.cbsnews.com/news/long-life-retirement-community-60-minutes-2020-11-22/

11/21/2020

Does dementia automatically invalidate a will? See our new blog post today.

Generally, a testator must know her assets and property, her heirs, know she is making a will, know she is disposing of her assets and must hold all these things in her mind long enough for the will to be valid. So, tec...

11/18/2020

Please check out our latest blog entry if you have questions related to challenges to a trust in Texas.

Yes, you can contest a trust in many of the same ways you can contest a will (i.e. lack of contractual capacity/undue influence/fraud/forgery). Across the State of Texas, we have successfully represented numerous client...

11/10/2020

We handle all kinds of trust disputes, including breaches of fiduciary duties by trustees or even challenges to invalidate changes to a trust or contests regarding the trust’s existence itself. We have successfully represented clients involving claims related to the Grantor/Settlor’s mental capacity to make a trust or even undue influence by a bad actor on the Grantor/Settlor of a trust. Would the changes have occurred but for the bad actor’s involvement? If not, then the Grantor/Settlor of the trust may have been influenced into making the changes. Contact us today for a free consultation!