The “Probate” Homestead

Whether or not the Decedent’s home was a “homestead” is a critical consideration. In the case of a surviving spouse or surviving minor children, the impact on the estate can be significant. The surviving spouse and minor children have the right to occupy the homestead, regardless of whether the homestead was the Decedent’s separate property […]

Category : Blog &Estate Planning &Probate Law

Exempt Property

The probate court can “set aside” certain property in an estate so that it will be exempt from creditors. This is typically done immediately after an inventory, appraisement, and list of claims is filed. The surviving spouse and minor children of the Decedent have the right to use the Decedent’s exempt personal property during the […]

Category : Blog &Estate Planning &Probate Law

Dallas Morning News Article

Burdette & Rice were recently featured in the Dallas Morning News. Click here for a copy of the article in PDF format, otherwise the full text is reproduced below.   Burdette & Rice is a Dallas based trusts, estates, and probate dispute law firm comprised of four accomplished attorneys. “We’re a true boutique probate litigation […]

Category : Blog &News

Family Allowance

The Decedent’s surviving spouse and minor children can request the Court grant them a “family allowance” that is sufficient to maintain them for a period of one year after the Decedent’s date of death. The family allowance is typically sought immediately after the inventory, appraisement, and list of claims has been approved. In a dependent […]

Category : Estate Planning &Probate Law

Confusing Language in Wills

A recent appellate decision attempted to clear the distinction between what is referred to as mandatory or precatory language in a Last Will and Testament. Mandatory language is directive in nature. It is a true stated intent. Precatory language is something less. It indicates a desire without issuing a command. But does the Court’s opinion […]

Category : Estate Planning &Probate Law &Will Contests

Our Team Welcomes New Attorney

The Burdette & Rice team is proud to welcome its newest member, attorney J. Brian Thomas. Find out more about Brian on his bio page, here.

Category : Blog &News

Temporary Restraining Orders vs. Temporary Guardianship

A temporary guardianship is a essentially an emergency proceeding designed to supervise and protect individuals who are “incapacitated” and whose assets or personal safety are in imminent danger.  The main difference between a temporary injunction and a temporary guardianship is that a temporary guardianship restrains an attorney-in-fact from managing the principal’s property while a temporary […]

Category : Guardianship Law &Probate Law


In Texas, an attorney-in-fact has a statutory duty to timely inform and account for actions taken pursuant to the power of attorney. This duty also encompasses the duty to maintain records for each action taken under the power of attorney. The primary challenge in obtaining information from the attorney-in-fact about the principal’s property is the […]

Category : Guardianship Law &Probate Law

New Burdette & Rice Web Site Debuts

Welcome to our newly redesigned web site, provided for us by the good folks over at mSeven Web Development! Please let us know if you have any questions or difficulties in navigating or using our new layout.

Category : News

Executor’s Right to a Fee

Under certain situations, an Executor may receive a fee in connection with serving as Executor of an Estate. Texas Probate Code Section 241 (“Compensation of Personal Representatives”) presently governs the compensation of executors in Texas in the absence of a testamentary provision to the contrary. The statutory fee only applies when the Testator’s Will is […]

Category : Probate Law &Trust Litigation