Texas Lawyers Blog

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The Texas Lawyers Blog provides useful information on the law and Texas lawyers. For more information on this Blog or a legal topic, please feel free to submit an inquiry or send an e-mail message to blog@texaslawyers.com

Monday, March 16, 2020

Cancer Awareness Through Cancer Lawsuits and Removal of Dangerous Products from the Market Saves Lives by Texas Cancer Awareness Lawyer

Texas Cancer Awareness Lawsuits
Cancer kills over 600,000 Americans each year. Further, doctors in the United States diagnose almost 2 million new people with cancer each year. Unfortunately, many of these cancers result from dangerous products. More specifically, many manufacturers sell dangerous products that cause an increased risk of cancer. These manufactures not only market and sell these dangerous products to unknowing consumers, but also hide known cancer risks. For this reason, the public should work on cancer awareness and be aware of cancer lawsuits. Cancer lawsuits target companies who knowingly sell dangerous products to the public. These lawsuits seek to force companies making profits from selling cancer causing products to stop selling these products or at least warn of cancer risks. Further, these lawsuits seek compensation for cancer survivors and families of those killed by cancer causing products.

Dangerous Products Cause an Increased Risk of Many Types of Cancer

Many products cause an increased risk of cancer. As science progresses, researchers commonly discover that specific products cause specific types of cancer. Further, after an increase in cancer rates doctors, lawyers, and scientists commonly determine that a particular product causes cancer and that the manufacturers of the product knew about the increased cancer risks. More specifically, both the asbestos industry and cigarette industry knew for decades that asbestos products and cigarettes caused lung cancer and mesothelioma. Unfortunately, both industries hid their knowledge regarding the dangers of their products. More recently, lawsuits have revealed that the manufacturers of herbicides, heartburn medication, diabetes medications, and baby powder cause increased risks of cancer. Americans who have been diagnosed with mesothelioma, pancreatic cancer, bladder cancer, stomach cancer, and non-Hodgkin lymphoma should be aware of cancer risks and pending litigation.

Medical Providers, The FDA, and Cancer Litigation Provide Information to Consumers Regarding Dangerous Products

For consumers, stay informed of dangerous products that increase a person's risk of cancer. More specifically, consumers should consult with their medical providers, check with the FDA, and monitor current cancer lawsuit litigation. All three of these sources provide information on cancer risks. As such, medical providers often see patterns of evidence in their patients and can provide front line information regarding cancer risks. They are also often up to date on current scientific studies regarding cancer risk factors. Additionally, the FDA commonly recalls dangerous products such as heartburn medications it had pulled from the market in September 2019. Further, cancer lawsuits also provide information as to dangerous products that cause an increase risk of cancer. More specifically, recent cancer lawsuit verdicts have been taken against the manufacturers of herbicides and talcum powder products. Additionally, consumers should be aware of heartburn medication lawsuits and diabetic drug pancreatic cancer lawsuits that are currently pending.

Cancer Awareness and Cancer Lawsuits for People with Cancer

For people with cancer, it is important to be aware of dangerous products and know if your cancer may be related to the use of these products. If you use these products and have cancer, it is important to safely discontinue use of these products. This should be done under the supervision of a doctor. Further, many of these people may have a viable claim against a manufacturer. For these people, they should contact a lawyer who understands this litigation and discuss how to file a claim. By filing a claim, these people not only can seek compensation and justice for their cancer, but also can help prevent others from also developing cancer.

Cancer Awareness and Cancer Lawsuits for Families Who Have Lost Loved Ones

Many families lose loved ones to cancer. These families often do not realize that they may have a viable claim against a manufacturer for the death of their loved one. More specifically, many families who lose loved ones to mesothelioma, bladder cancer, ovarian cancer, stomach cancer, non-Hodgkins lymphoma, and pancreatic cancer do not realize these deaths may have been preventable. Further, that these cancer deaths may be the basis for a viable claim against a company who sold dangerous products. For these families, it is important to gather evidence of the cancer diagnosis or death. With this information and a few questions regarding product use, a lawyer can often determine if the family may have a viable case.

Cancer Litigation and Awareness Programs Target Companies Who Knowingly Sell Dangerous Products

Cancer lawsuits target companies who knowingly sell dangerous products to the public. These lawsuits seek to force companies making profits from selling cancer causing products to stop. This litigation informs the public about cancer risks and dangerous products that cause increased risks of cancer. Further, science and information from cancer litigation continues to grow and develope identifying new types of dangerous products. As such, it is helpful for consumers, medical providers, and individuals to keep up to date on cancer risks. Hopefully, one day products that cause breast cancer, lung cancer, prostate cancer, colon cancer, skin cancer, bladder cancer, non-Hodgkin lymphoma, kidney cancer, pancreatic cancer, and liver cancer will be taken off the market.

Monday, March 9, 2020

SXSW Event Cancellation Legal Issues and other Austin Coronavirus Event Cancellation Legal Issues by Texas SXSW Event Cancellation Lawyer Jason Coomer

2020 SXSW - Austin, Texas

SXSW Event Cancellation Legal Issues and other Austin
Coronavirus Event Cancellation Legal Issues by Texas SXSW Event Cancellation Lawyer Jason S. Coomer


The Coronavirus has already caused a direct economic impact of over $1 Billion to technology events. More specifically, precautions related to the virus cause cancellations of numerous Austin events including SXSW. These cancellations create legal consequences and an economic impact for many businesses. Further, many businesses must now review and litigate contracts, insurance policies, and other legal issues. Many of these SXSW event cancellation issues require an Austin SXSW event cancellation lawyer to review, negotiate, and litigate compensation and legal issues.

Cancellation of Austin Festivals, Events, and Conventions Creates Litigation Issues

The Coronavirus threatens numerous festivals, events, and conventions in the Austin area. This threat creates the potential of devastating damages to many businesses. Further, many of these businesses face not only potential lost income, but potential litigation from other parties. More specifically, other businesses, consumers and employees who suffered damages often seek to mitigate their damages. These event cancellation issues require many businesses to carefully review specific provisions of contracts, event warranties, and insurance policies. Further, after reviewing these documents many businesses and their lawyers will need to litigate the applicability of these provisions to Coronavirus event cancellations.

Cancellation of Technology Events Causes Over $1 Billion in Losses

The Coronavirus cancellation of several technology event creates an economic loss of over $1 Billion. Further, this initial loss stems from the cancellation of nine major tech conferences including SXSW, Google I/O, Facebook’s F8 event, and Mobile World Congress. As the Coronavirus threat continues to grow, damages from additional event cancellations will probably continue to create more losses in the technology, travel, hotel, and entertainment industries.

More Information on Austin Event Cancellation Legal Issues and SXSW Event Cancellation Lawyer

As many businesses suffer damages from event cancellations, they will need legal representation. Whether a business suffers from the SXSW Event Cancellation and other Austin Event Cancellations, it is important to limit losses. For more information on Austin Event Cancellation Legal Issues, please go to the following web pages: Austin Event Cancellation Lawyer, Texas Business Tort Lawyer and Austin Texas Business Litigation Lawyer.

Saturday, February 15, 2020

SEC Bounty Action Rewards and CFTC Bounty Action Rewards Help Regulate the Financial Markets by Anonymous Bounty Action Reward Lawyer

Securities Exchange Commission SEC Bounty Action Rewards and Commodity Future Trading Commission CFTC Bounty Action Rewards Help Regulate the Global Financial Markets by Anonymous Bounty Action Reward Lawyer Jason Coomer

The SEC and CFTC regulate the financial markets in the United States. In regulating these markets and protecting investors, both agencies have vast powers. These powers allow these agencies to enforce illegal conduct throughout the world that impacts the United States financial markets. Further, because of the vast areas that these agencies regulate, they use bounty actions to detect illegal conduct. More specifically, both agencies offer large financial rewards to anonymous whistleblowers who expose significant illegal conduct.  

SEC and CFTC Bounty Actions Help Regulate the Global Financial Markets


SEC Bounty Actions Reward More Than $387 million to Whistleblowers  

SEC Bounty Actions reward more than $387 million to 72 whistleblowers since issuing its first award in 2012. Further, the SEC is actively seeking individuals with original information of significant illegal schemes. Through SEC Bounty Actions these individuals can anonymously expose securities fraud and other illegal conduct through a lawyer and collect large financial rewards.  Further, the SEC commonly works with other governmental agencies including the Commodities Future Trading Commission (CFTC) and the Department of Justice (DOJ).  For more information on SEC Bounty Action Rewards, please go to the following web page: SEC ETF Bounty Actions and Market Manipulations and Anonymous Whistleblower Reward Lawyer and SEC Bounty Actions.

CFTC Bounty Actions Reward More Than $100 million to Whistleblowers

CFTC Bounty Actions reward more than $100 million to CFTC whistleblowers who have exposed illegal conduct resulting in over $800 million in fines. Further, the CFTC is actively seeking information regarding money laundering schemes, market manipulation schemes, investment fraud schemes, swap fraud schemes, illegal cryptocurrency and block chain fraud schemes, investment fraud, and other types of illegal conduct that impact our financial markets. The information must be original and given voluntarily. Further, the illegal conduct must result in the recovery of significant funds which are more than $1 million.

Both The SEC and CFTC Work With Whistleblowers and Other Governmental Entities Around the World

Both the SEC and CFTC work with other governmental entities and whistleblowers around the world on illegal international schemes. More specifically, these agencies recently worked with governmental entities in France and Great Britain to impose over $4 billion in fines on a large multinational corporation.  Since December 2019 these agencies have worked with other agencies across international borders to recover over $5 billion.  These multi-agency efforts and cooperation exposed international illegal bribery schemes that resulted in significant fines and penalties.

Further, these bounty actions also regulate illegal conduct that originates in other countries, but impact the financial markets in the United States. More specifically, international whistleblowers can earn large financial rewards by exposing illegal investment fraud schemes made by foreign investors as well as other illegal conduct made by multinational corporations that are publicly traded in the United States or do significant business in the United States.  For more information on this topic, please go to the following web page: International Whistleblower Rewards and Anonymous Reporting.

Monday, February 10, 2020

Weed Killer Cancer Alert: Exposure to Glyphosate Weed Killers May Cause Non-Hodgkin's Lymphoma, Leukemia (Lymphocytic, B Cell, T Cell, Hairy Cell, or Myeloid) and Multiple Myeloma by Texas Weed Killer Cancer Lawyer

Weed Killer Cancer Alert: Exposure to Glyphosate Weed Killers May Cause Non-Hodgkin's Lymphoma,  Leukemia, and Multiple Myeloma by Texas Weed Killer Cancer Lawyer Jason Coomer

Recent scientific studies have determined several herbicides including Roundup weed killer and other weed killing products containing glyphosate are carcinogenic to humans.  Significant exposure to these herbicides can cause Non-Hodgkin's Lymphoma,  Leukemia (Lymphocytic, B-Cell, T-Cell,  Hairy Cell, or Myeloid), or Multiple Myeloma.  Anyone diagnosed with these types of cancer should be aware of any exposure to weed killer they may have had or may be receiving.

Ranchers and agricultural workers are among the groups of people that may have been exposed to Glyphosate.

Exposure to Weed Killer and Herbicides

The most common exposure to weed killers containing Glyphosate occurs to people who commonly use the products. This group of people includes farmers, groundskeepers, gardeners, ranchers, agricultural workers, commercial gardeners, horticulturists, and anyone else who has regularly used Roundup or other weed killers with glyphosate.  In addition to people who directly used weed killer, many others may have been exposed to glyphosate through their well water or living in areas where high amounts of weed killer was commonly used.

People Diagnosed With Non-Hodgkin's Lymphoma,  Leukemia (Lymphocytic, B Cell, T Cell,  Hairy Cell, Mantle Cell, or Myeloid) and Multiple Myeloma

Anyone who has been diagnosed with Non-Hodgkin's Lymphoma,  Leukemia (Lymphocytic, B Cell, T Cell,  Hairy Cell, Mantle Cell, or Myeloid) or Multiple Myeloma should be aware of any continued exposure. Further, anyone who has been diagnosed with  Non-Hodgkin's Lymphoma,  Leukemia (Lymphocytic, B Cell, T Cell,  Hairy Cell, Mantle Cell, or Myeloid) or Multiple Myeloma may have a potential claim for compensation and should determine what exposure they may have had to weed killers containing glyphosate.


Families of People Who Have Died From Non-Hodgkin's Lymphoma,  Leukemia (Lymphocytic, B Cell, T Cell,  Hairy Cell, Mantle Cell, or Myeloid) or Multiple Myeloma

Families of anyone who has died from Non-Hodgkin's Lymphoma,  Leukemia (Lymphocytic, B Cell, T Cell,  Hairy Cell, Mantle Cell, or Myeloid) or Multiple Myeloma also may have a viable claim against the manufacturers of glyphosate products including Roundup Weed Killer. These families should determine what exposure their deceased family member had to determine if they may have a potential claim.


Non-Hodgkin's Lymphoma,  Leukemia (Lymphocytic, B Cell, T Cell,  Hairy Cell, Mantle Cell, or Myeloid) or Multiple Myeloma Lawsuits

Many Weed Killer Non-Hodgkin's Lymphoma,  Leukemia (Lymphocytic, B Cell, T Cell,  Hairy Cell, Mantle Cell, or Myeloid) or Multiple Myeloma Lawsuits are currently pending. These lawsuits are considered a mass tort and thousands of them are being filed. If you or your family have suffered from exposure to weed killer and have been diagnosed with Non-Hodgkin's Lymphoma,  Leukemia (Lymphocytic, B Cell, T Cell,  Hairy Cell, Mantle Cell, or Myeloid) or Multiple Myeloma Lawsuits, it is important not to delay in filing your claim.  Many settlement groups have already closed and several more groups will close in the near future. It is important to make sure that you or your family do not miss potential deadlines or statutes to file a claim or lawsuit.

For more information on Non-Hodgkin's Lymphoma,  Leukemia (Lymphocytic, B Cell, T Cell,  Hairy Cell, Mantle Cell, or Myeloid) or Multiple Myeloma Lawsuits, please go to the following web page: Non-Hodgkin's Lymphoma Lawsuit InformationLymphatic Cancer and Leukemia (Lymphocytic, B Cell, T Cell,  Hairy Cell, Mantle Cell, or Myeloid) Lawsuit Information, or Multiple Myeloma Lawsuit Information.

Wednesday, February 5, 2020

Texas Forged Deed Law

Under Texas law, any person who forges a Texas real property deed commits a crime. Further, forged deeds pass no title to real property. That being said, if someone forges a deed to your real property, contact a Texas forged deed lawyer to clear title and reclaim your property. It is important not to delay in reclaiming your real property and to understand Texas forged deed law and Texas real estate fraud law.


Texas Forged Deed Law Helps Landowners Reclaim Real Property

Proving Forgery In Civil Lawsuits

Forgery occurs when a person executes a document in the name of another person. In a civil forgery lawsuit, typically a handwriting expert and witnesses testify as to if a document has been forged. Further, a criminal conviction can provide additional evidence of forgery. More specifically, Section 32.21(a) of the Texas Penal Code contains a statutory definition for criminal forgery. Under this statute the term “Forge” means to alter, make, complete, execute, or authenticate any writing so that it purports:
(i) to be the act of another who did not authorize that act;
(ii) to have been executed at a time or place or in a numbered sequence other than was in fact the case; or
(iii) to be a copy of an original when no such original existed;


Under Texas Forged Deed Law A Forged Deed Passes No Title

A void instrument passes no title, and is treated as a nullity. A forged deed is void ab initio. Lighthouse Church of Cloverleaf v. Tex. Bank, 889 S.W.2d 595, 601 (Tex.App.-Houston [14th Dist.] 1994, writ denied); Dwairy v. Lopez, 243 S.W.3d 710, 712 (Tex. App.-San Antonio 2007, no pet.) (citing Hennessy v. Blair, 173 S.W. 871, 874 (Tex. 1915)); see also Commonwealth Land Title Ins. Co. v. Nelson, 889 S.W.2d 312, 318 (Tex. App.-Houston [14th Dist.] 1994, writ denied) (“when a document is void or void ab initio it is as if it did not exist because it has no effect from the outset”). 

Forged Deeds Versus Real Estate Fraud

Courts treat forged real estate deeds differently from real estate taken by fraud. Where forged deeds are void, a fraudulent deed, however, is merely voidable. Further, a fraudulent deed will stand until set aside or invalidated by the Court. Ford v. Exxon Mobil Chem. Co., 235 S.W.3d 615, 618 (Tex.2007). 

More Information of Texas Forged Deed Law and Texas Real Estate Law

For more information on reclaiming Texas real property through Texas Forged Deed Law and Texas Fraudulent Deed Law, please go to the following webpages: Texas Real Estate Fraud Lawyer, Texas Partition Action Lawyer, and Texas Adverse Possession Lawyer.

Sunday, November 24, 2019

Families Should Check Texas Unclaimed Property to Prevent Loss of Family Wealth by Texas Unclaimed Property Lawyer Jason Coomer

Many families lose a significant amount of wealth to Texas Unclaimed Property. This loss of wealth comes from a variety of unclaimed sources. More specifically, families often lose bank accounts, life insurance, and stocks. Families also commonly lose oil and gas revenues. Many families also lose safety deposit boxes with family wealth including jewelry, stock certificates, and gold. Most lost wealth includes small assets that are easy to claim with proof of identification. However, for larger hard to recover assets, it is often helpful to have an Austin Texas Unclaimed Property Lawyer. Lawyers commonly collect assets that non-lawyers cannot.

Texas Unclaimed Property Lawyer 
Texas Wealth Lawyer Helps Families Collect Wealth

Texas Unclaimed Property Website Information

The Texas Comptroller gives back a significant amount of wealth every year. To date, the State of Texas has given over $3 billion in wealth back to families. This useful website allows individuals to check their names for unclaimed assets. Further, the site also allows families to check their family member’s names. Families should click here to check Texas Unclaimed Property.

Families, Executors, and Lawyers Should Also Check Unclaimed Property for Deceased Family Members and Estates

It is also a good idea for families to check the names of deceased relatives. Deceased family members often have lost assets. More specifically, as some family members get closer to death, they commonly lose track of wealth. This wealth commonly goes to Texas Unclaimed Property within ten years of the person’s death. However, wealth, especially, oil and gas revenues can go to Texas Unclaimed Property more than ten years after a person’s death.
Further, probate lawyers, executors, and administrators should check unclaimed property for estate wealth. In fact, in handling probate cases, my office commonly checks unclaimed property for any estates we probate. We have found and claimed a significant amount of wealth for several estates.

Austin Texas Unclaimed Property Lawyer

As a Texas Inheritance Lawyer, my office commonly  works with Texas Unclaimed Property for our clients. Additionally, as a Travis County Law Firm we file Unclaimed Property Lawsuits on larger assets.  Further, in more complicated and larger assets cases a lawsuit needs to be filed to recover wealth. Under Texas law, these cases need to be filed in Travis County. Therefore, Austin Travis County Unclaimed Property Lawyers usually are needed to claim such wealth. For more information on this topic please go to Texas Unclaimed Property Lawyer and Texas Estate, Probate, and Inheritance Unclaimed Property Information.

Sunday, November 10, 2019

Pancreatic Cancer Awareness: Early Detection of Pancreatic Cancer and Awareness of Cancer Risks Are Keys to Survival by Texas Pancreatic Cancer Lawyer

Pancreatic Cancer Awareness: Early Detection of Pancreatic Cancer and Awareness of Cancer Risks Are Keys to Survival by Texas Pancreatic Cancer Lawyer Jason Coomer


The keys to surviving pancreatic cancer are early detection and avoidance of risks. More specifically, doctors recommend being aware of pancreatic symptoms and potential risks. This Blog Post provides information on: 1) pancreatic cancer symptoms and 2) pancreatic cancer risk factors.


Early Detection of Pancreatic Cancer

 Early Detection of Pancreatic Cancer and Awareness of Risks Are Keys to Survival

Medical Doctors Recommend Early Detection of Pancreatic Cancer Symptoms

Medical experts associate several symptoms with pancreatic cancer. They recommend patients who experience these symptoms to seek medical assistance. More specifically, a common symptom of pancreatic cancer includes dark urine and clay-colored stools. Patients also commonly experience fatigue and weakness. They also commonly experience jaundice (a yellow color in the skin, mucus membranes, or eyes). Further, some people suffer loss of appetite and weight loss, nausea and vomiting, and pain or discomfort in the upper part of the belly or abdomen. Other symptoms people experience include back pain, blood clots, diarrhea, and indigestion. People with multiple symptoms and several risk factors should consult their doctor about an examination and potential screening.

Medical Doctors Also Recommend Avoidance of Pancreatic Cancer Risks

Cancer Doctors also recommend avoiding pancreatic cancer health risks. Some common health risks include: 1) smoking, 2) excessive drinking, 3) being overweight, 4) exposure to pesticides and toxic chemicals, and 5) lack of exercise. Other potential risks include a family history of pancreatic cancer and diabetes.

People with multiple health risks should limit the aforementioned factors as much as possible. They should also avoid any additional health risk. They should also understand the potential risk of taking incretin drugs. These diabetic drugs also increase a person’s risk of pancreatic cancer.
Individuals with multiple risk factors should also advise their doctor regarding their risk factors. They should also stay vigilant to monitor symptoms of pancreatic cancer. Further, upon noticing any symptoms, they should contact their doctor about screening for pancreatic cancer.

More Information About Pancreatic Cancer Early Detection, Symptoms, and Risk Factors

Sunday, November 3, 2019

5 Things Needed For a Texas Will Probate by Austin Texas Probate Lawyer

5 Things Needed For a Texas Will Probate by Austin Texas Probate Lawyer Jason S. Coomer

Texas Probate Courts require specific documents and information to probate a Will.  Whether you need to file in Travis County, Williamson County, or another Texas Court, all Texas courts have similar requirements.  Below are five (5) things, you will probably need to probate a Will in a Texas court.
Texas Will Probate Lawsuits 
Texas Will Probate Documents and Information

An Original Will

A Will needs to go through probate before it is recognized under Texas law.  Further, Texas courts typically require the original Will and not a copy of the Will. Though it is possible to probate a copy of a Will, if at all possible it is best to have and file an original.

A Death Certificate

Courts also require a death certificate to probate a Will. More specifically, you will need an original death certificate.  In fact, many title companies, banks, and insurance companies also require original death certificates. Thus, when ordering one, it is typically better to get five or six.

A List of Estate Assets

Before you file a Will for probate, it is best to have a list of estate assets. This list will determine if a Will needs to be filed at all. In some instances, even if there is a Will, it may not need to go through probate. Further, in going through a Will probate, the court will require information of estate assets.

A List of Estate Debts

In addition to estate assets, it is important to know what debts are in an estate. Estate debts can often prevent the viability of probating a Will. Further, different types of debts impact the decision to probate a Will.

Identification

The executor named in the Will typically needs a driver’s license or other form of identification to be sworn in.  Further, any witnesses needed to prove death or to prove up a Will also need identification.

In Addition to these Five Things It Is A Good Idea to Have a Texas Probate Lawyer

Though not absolutely required, it is best to go to probate Court with a Lawyer. More specifically, someone who is familiar with the procedures and requirements of the probate court. For more information on this topic, please go to the following webpages: Austin Texas Will Probate Lawyer, Central Texas Real Estate Inheritance Lawyer, and Travis County Probate Lawyer.

Thursday, October 17, 2019

Texas Inheritance Traps: Contested Probate is A Common Inheritance Trap in the Texas Legal System That Causes Families to Lose Substantial Wealth

Texas Inheritance Traps: Contested Probate is A Common Inheritance Trap in the Texas Legal System That Causes Families to Lose Substantial Wealth by Texas Inheritance Lawyer and Texas Contested Probate Lawyer Jason S. Coomer

Several inheritance traps in the Texas legal system cause families to lose substantial wealth. One of the most expensive traps is contested probate litigation. This inheritance trap typically entails family members fighting through litigation over the estate of a loved one. Contested probate litigation can begin prior to the loved ones death in contested guardianship cases and can continue for years after the loved one's death. These cases can cost families hundreds of thousands of dollars or even millions of dollars. Depending on the size of the disputed estate, the contested issues which are litigated, and the parties involved, these cases vary is cost, but commonly cause families to lose a substantial amount of wealth.

For the most part, if at all possible it is best to avoid contested probate lawsuits. There are some steps that families can take to attempt to avoid contested litigation including estate planning and communication.  That being said, many of these contested probate lawsuits are unavoidable because of changing family dynamics and specific types of people in a family. 

Some Contested Probate Cases Are Unavoidable Because of Changing Family Dynamics and The Personalities of Certain Family Members

Even though good estate planning can help prevent some types of contested probate litigation, there is no perfect one size fits all estate plan that every family can use to avoid contested probate. A main reason for this is that family dynamics often change over time, especially, when a person's health fails and they get closer to death. In other words, estate plans are moving targets. These plans commonly change due to changes in living situations including where family members move, who takes care of family members with poor or failing health, and if family members get divorced or remarried.

Further, there are specific types of people who commonly cause contested probate litigation. These personalities include: 1) people who fail to communicate their wishes, 2) people who commonly change their Wills or Trusts, 3) people who use their wealth to control those around them, 4) estranged family and black sheep, 5) opportunists, and 6) fraudulent and ruthless individuals.

More specifically, a common type of family member who causes contested probate litigation is a ruthless, materialistic, manipulating, and self entitled person. These people are commonly vulture like and begin circling around wealthy people when their targets are sick or close to death. In litigating contested probate cases, it is common to discover that other family members have seen these traits in these family members and often expect them to attempt to ruthlessly seek significantly more than their fair share of any inheritance. Further, it is common for this type of person to be involved in multiple contested probate disputes.  It is also common to discover these family members have successfully taken wealth from others in the past. 


Overall, the combination of changing family dynamics and specific types of family members often make contested probate litigation unavoidable. 

Contested Guardianship Lawsuits, Contested Trust Lawsuits, Contested Wills, and Contested Estate Lawsuits Are All Forms of Contested Probate Litigation 

Numerous family battles start prior to the death of a loved one when the loved ones' health begins to fail. In these situations, contested guardianship cases or contested trust cases often start as family members attempt to protect family wealth or attempt to take wealth from a family member. These battles also commonly start as Will contests or disputes over estate property. For more information on contest probate litigation, please go to the following web pages: Texas Contested Guardianship Lawsuit Information, Texas Contested Trust Lawsuit Information, Texas Will Contest Lawsuit Information, and Austin Texas Probate Litigation Lawyer Information.

Saturday, October 12, 2019

Texas Executor Removal and Other Texas Estate Beneficiary Rights: Texas Independent Executors Are Powerful But Have Fiduciary Duties and Can Be Removed by Texas Executor Removal Lawyer

Texas Executor Removal and Other Texas Estate Beneficiary Rights: The Position of a Texas Independent Executor Is Powerful, But The Texas Executor Has Fiduciary Duties, Needs to Comply With Texas Law, and Can Be Removed in Some Situations by Texas Executor Removal Lawyer and Texas Estate Beneficiary Lawyer Jason Coomer

Under Texas law, any person with testamentary capacity can designate someone in their Will to carry out their wishes after they pass.  This person is typically called an Executor. Once appointed by a Texas court, a Texas Executor has significant power to administer an estate.  This power is especially vast when the Texas Executor is independent.  A Texas Independent Executor can perform many acts with little to no supervision from Texas courts.  This vast power is often useful and can greatly reduce the cost of probate. That being said, some Texas Independent Executors abuse this vast power to the detriment of estate beneficiaries.  When this occurs, estate beneficiaries have several options.  Below is a discussion of several rights and options Texas Will Beneficiaries have.

Can Texas Estate Beneficiaries Remove a Texas Executor or Texas Independent Executor?

Yes, Texas Estate Beneficiaries or other interested parties can remove a Texas Executor through a court for several reasons.  Texas Executors can be removed without notice by a Texas court for 1) neglecting to qualify; 2) failing to timely file an inventory and list of claims; 3) failing to give bond if required; 4) being absent from the state without court permission; 5) eluding or being unavailable for service; or 6) illegally embezzling, misapplying, or removing estate property.   

Further, Texas Executors can be removed with notice for several reasons including 1) illegally misapplying, embezzling, or removing estate property; 2) failing to return any account required by law; 3) failing to obey any order of the court; 4) being guilty of gross misconduct or mismanagement in the performance of their duties; 5) becoming incapacitated, imprisoned, or otherwise incapable of properly performing their duties; or 6) failing to make a final settlement by the third anniversary of the date of letters testamentary were granted.

What Can Texas Estate Beneficiaries do if they suspect a Texas Executor is Abusing Their Powers or Timely Refusing to Distribute an Estate?

Texas Estate Beneficiaries have several options to consider if they suspect a Texas Executor is abusing their powers.  Depending on the specific circumstances of the situation, the beneficiaries may want to seek an accounting, seek a partial or full distribution of the estate, or seek to remove the Texas Executor with or without notice.  Further, if the Texas Executor has breached their fiduciary duties, has stolen from the estate, or has committed fraud, the beneficiaries may also want to file suit against the Texas Executor and seek damages.  

When Can Texas Beneficiaries Obtain An Estate Accounting from a Texas Executor?

Texas Estate Beneficiaries can request an estate accounting for a Texas Executor after the expiration of 15 months from the date that the court clerk first issued letters of testamentary.  A formal demand for an estate accounting is typically made by a lawyer for the estate beneficiaries under Texas Estate Code 404.001. The formal demand for an accounting is often an effective in pushing slow moving Texas Executors to perform their duties and move towards distributing an estate. 

What Can Beneficiaries Do If They Suspect a Texas Executor is Committing Fraud?

If Texas Estate Beneficiaries suspect that a Texas Executor is committing fraud or breaching his or her fiduciary duties, it is usually best to speak with a Texas Executor Removal Lawyer or Texas Estate Beneficiary Lawyer.  The lawyer can review the evidence of fraud or other wrongdoing and discuss options to help the beneficiaries protect their rights and inheritance.  

More Information on Texas Executors and Administrators

For more information on Texas Estate Beneficiary Rights, Removing Texas Executors, and Lawsuits Against Texas Executors, please go to the following web pages: Texas Executor Fraud Lawyer Information and Texas Probate Fraud Lawyer Information.