Houston Estate Planning and Elder Law Attorney Blog

What Families Should Know About Capacity and Influence Claims

Published on: November 19, 2025 | By David W. Miller

A recent opinion from the Fifth Court of Appeals, In the Estate of Danny Lee Rubey, offers helpful guidance for families facing a will contest in the Dallas area. In that case, the court affirmed summary judgment against a will challenger who claimed the decedent lacked testamentary capacity and was subject to undue influence, fraud, and unjust enrichment. The ruling shows how Texas courts evaluate these disputes and which types of evidence carry real weight. It also highlights how thoughtful estate planning and clear communication can reduce the risk of litigation later.

Will contests create strain for families, especially when disagreements arise soon after a loved one passes. Understanding how courts examine these challenges helps families make informed decisions during both planning and probate.

How Dallas Courts Evaluate Testamentary Capacity

Testamentary capacity focuses on the mental ability of the person signing the will. Texas courts look at whether the testator understood the nature of making a will, the general extent of their property, and the natural objects of their bounty. The court in Rubey emphasized that capacity is assessed at the moment the will is executed. Medical records, witness statements, and attorney notes can support or undermine a challenge.

Dallas Probate Mandamus Petition Shows How Hard It Is to Overturn a Will Ruling Mid-Case

Published on: November 16, 2025 | By McCulloch & Miller, PLLC

A recent decision from the Fifth Court of Appeals illustrates just how narrow mandamus relief is in a Texas probate dispute. In that case, a party in a Dallas County estate matter tried to bypass the usual appeals process and asked the appellate court to force the probate judge to rule on alleged ambiguities in two wills. The court declined. For families involved in contested probate proceedings, the opinion underscores that mandamus is rarely a shortcut around interim rulings.

A solid trial-court record and patience for the ordinary appeal route remain essential.

The ruling also highlights how procedural mistakes can defeat a mandamus petition before any judge reaches the heart of the controversy. Anyone drawn into a will or trust dispute in Dallas, Houston, or elsewhere in Texas benefits from understanding how original proceedings function and how to focus time and resources on steps that actually move the case forward.

What Happened in the In re James Allen Williams Case

The relator in the case asked the Dallas Court of Appeals to step in during an ongoing matter in Probate Court No. 1 of Dallas County. He wanted the appellate court to stay all trial proceedings and force the probate judge either to identify specific ambiguous language in two wills or to declare that no ambiguities existed. In other words, he tried to pull a key interpretation question out of the probate judge’s hands and get an immediate answer from a higher court.

Houston’s 2025 Home Price Surge and How Smart Deed Planning Protects Families in 2026

Published on: November 12, 2025 | By Thomas W. McCulloch

Houston home values climbed steadily through 2025, with areas like Bellaire, Katy, the Heights, Pearland, and Sugar Land among the region’s strongest performers. That rise helps homeowners build equity, yet it also creates new estate-planning concerns as families head into 2026. Higher valuations often lead to more complex probate filings, greater court involvement, and greater financial risk for surviving spouses or adult children. Reviewing your deed structure now helps prevent those issues and keeps your property decisions firmly in your hands.

A clear plan also helps executors avoid delays in Harris County, which continues to work through significant court volume. When a home accounts for most of the estate’s value, a clean transfer of the deed reduces stress and preserves equity.

How Rising Property Values Shape Probate Issues in the Houston Area

Home prices shape probate more than many families realize. When a property increases in value, the estate becomes larger, which can lead to additional court filings, more formal accounting requirements, and heavier scrutiny of the executor’s decisions. These steps take time in a high-volume county.

How the 2025 Electronic Notice and Filing Rules Change Probate Administration in Houston

Published on: November 9, 2025 | By David W. Miller

Texas courts continue to modernize filing and notice procedures, and the 2025 updates to electronic rules affect how probate works in Harris County and the surrounding Houston metro area. As courts rely more on e-filing and electronic notice, executors, administrators, and attorneys must follow new procedures when opening estates, submitting inventories, and communicating with interested parties. You protect your family’s interests by understanding how these changes affect timing, proof of service, and long-term recordkeeping.

Electronic systems can streamline administration when used correctly, yet mistakes with e-service or e-filing can delay hearings or force you to redo filings. A clear understanding of the 2025 rules helps keep a Houston probate case on track.

How Statewide E-Filing Rules Shape Harris County Probate Practice

Texas has required e-filing in civil courts, including probate, for several years, yet 2025 brings refinements that affect how parties submit documents and receive notice. The statewide eFileTexas system remains the gateway for filings, and the Texas Office of Court Administration continues to publish updated guidance on electronic access and system expectations. These statewide rules apply directly to Harris County’s statutory probate courts, which rely on e-filing for most pleadings, motions, and proposed orders.

How Harris County’s 2025 Probate Court Backlog Affects Heirs and Executors

Published on: November 3, 2025 | By David W. Miller

Harris County entered 2025 with a growing probate workload, and county officials have acknowledged that the courts remain under pressure as the region approaches 2026. Families in Houston, Sugar Land, Katy, Missouri City, Clear Lake, and The Woodlands feel the impact when delays slow down the process of proving a will, securing letters testamentary, or completing dependent administrations. When a jurisdiction as large as Harris County experiences population growth, increased filings, and heavier court traffic, routine probate steps can take longer than expected. This environment makes advance planning more important for anyone hoping to ease the burden on loved ones later.

The Harris County Office of County Administration identifies a significant backlog across court systems and has directed American Rescue Plan funds toward reducing that strain. Probate courts sit within the same infrastructure, which means probate filings move through a system already working to keep pace with high case volume. Planning tools that reduce court involvement can help families protect timelines and avoid unnecessary stress.

Why Probate Timelines Have Lengthened in Harris County

Harris County continues to grow rapidly, and court filings have increased alongside that growth. Data from the county’s Office of County Administration shows an ongoing, multi-year effort to manage backlogs with additional space, personnel, and technology support. This type of backlog affects all case types, including probate.

Using Revocable Trusts to Avoid Ancillary Probate for Dallas Investors With Multi-State Rentals

Published on: October 31, 2025 | By Thomas W. McCulloch

Using Revocable Trusts to Avoid Ancillary Probate for Dallas Investors With Multi-State Rentals

Dallas investors often own rentals in Oklahoma, Arkansas, Colorado, or beyond. When you pass, each state wants its own probate for local real estate—a slow, expensive loop called ancillary probate. A revocable trust can bypass that loop entirely. With the right deed work and a clear management plan, your trustee takes over in a day, not months.

Move Title Now, Not Later

A trust only helps if it holds title before you die. Prepare and record deeds transferring each property—using the exact legal description—into your revocable trust. Keep lender notices on file; most due-on-sale clauses do not trigger for transfers to a living trust, but follow your mortgage terms. Update insurance policies and property-tax accounts to reflect the trust as owner so bills and claims route correctly.

Estate Planning for High-Rise Condominium Owners in Uptown and Victory Park

Published on: October 24, 2025 | By Thomas W. McCulloch

Estate Planning for High-Rise Condominium Owners in Uptown and Victory Park

High-rise living brings amenities, views, and rules. If you own a condo in Uptown or Victory Park, your estate plan must fit building policies, HOA bylaws, and lender expectations. A little preparation prevents probate delays, HOA fines, and unhappy neighbors—while preserving value when it is time to sell or transfer.

Gather The Building Paperwork First

Collect the declaration, bylaws, rules and regulations, resale certificates, and any current special-assessment notices. Save parking and storage licenses, move-in/move-out procedures, and elevator reservation rules. Place insurance declarations and flood coverage (if applicable) in the same folder. Your executor or trustee needs these documents to prove authority and follow building protocols from day one.

Choose A Transfer Structure That Works In Practice

A revocable living trust lets your successor trustee manage the condo immediately—pay assessments, approve tenants, and coordinate moves—without waiting for court orders. If you rely on a will, be sure it requests independent administration and waives bond, which speeds Dallas County probate. Confirm that your lender allows transfers to a trust; most do, but paperwork matters in a high-rise with strict management.

Handling Gun Trusts And Firearm Transfers in a Houston Estate

Published on: October 21, 2025 | By David W. Miller

Handling Gun Trusts And Firearm Transfers in a Houston Estate

Firearms add special rules to estate planning and probate. Whether you own hunting rifles, family heirlooms, or regulated items like suppressors, you need a plan that respects federal and Texas law while keeping your family safe. With the right documents, transfers happen smoothly, no one breaks the law by mistake, and cherished items land with the people you choose.

Understand What You Own

Inventory each firearm with make, model, caliber, and serial number. Note accessories such as suppressors or short-barreled rifles that may be regulated under the National Firearms Act (NFA). Keep purchase records, ATF forms, and photos in a dedicated folder. This one list guides your executor and helps law enforcement confirm lawful possession during transitions.

Consider A Gun Trust For Flexibility

A properly drafted gun trust holds firearms during your life and after your death. Trustees and approved beneficiaries may lawfully possess and use the items named in the trust, subject to federal and state law. For NFA items, the trust streamlines who can handle and store them, avoids accidental felonies, and preserves privacy by limiting what ends up in the public probate file. A trust also creates continuity if you become incapacitated; the successor trustee can secure and maintain the collection immediately.

Coordinating Probate With Ongoing Small Business Operations in Harris County

Published on: October 14, 2025 | By David W. Miller

When a Harris County business owner dies, the company cannot hit pause. Payroll, vendor orders, customer deadlines, and tax filings keep moving. If you are the executor or a family member stepping in, you need a practical plan that keeps the doors open while you work through probate. With the right steps, you protect value, avoid breaches of contract, and prevent a fire sale.

Stabilize Operations During The First Two Weeks

You should identify who has day-to-day authority right now. Confirm signers on bank accounts, point-of-sale access, payroll permissions, and vendor portals. If the company uses an operating agreement or bylaws, read the succession clauses that name an interim manager. Change two-factor authentication to a phone you control, then document the change. Call the top five customers and the top five vendors with a short, confident message about continuity. Calm voices at the start keep credit lines open and purchase orders flowing.

Secure Legal Authority Without Delays

In Texas, “independent administration” lets an executor act without repeated court approval. If the will requests independence, file in Harris County probate court immediately and obtain letters testamentary. For a living-trust plan, the successor trustee already has authority; present the trust certificate to banks and vendors. Either way, carry certified copies of your authority and a one-page letter on company letterhead naming you as the contact. People cooperate faster when they see clean paperwork.

Estate Planning For Austin Artists With Gallery Consignment And Merchandise Revenue

Published on: October 9, 2025 | By David W. Miller

Estate Planning For Austin Artists With Gallery Consignment And Merchandise Revenue

Austin artists build value through originals, prints, merchandise, and a reputation that lives online. When an artist dies or becomes disabled, confusion over consignment contracts, online shops, and intellectual property can freeze income and scatter the archive. A focused estate plan protects your work, pays your bills, and guides your heirs so the art keeps moving into the world.

Inventory The Work And The Rights

Begin with a simple spreadsheet that lists each original, series, or edition. Add title, medium, dimensions, date, current location, and whether the piece is consigned or sold. For limited editions, record edition size and numbers already sold. Note where high-resolution files live and who has access. This one document becomes the map your executor and gallerist use to keep sales going without guessing.