Kittie started dating her daughter’s boyfriend Butch when he was 17 years old. They apparently dated for over twenty years, during which time Kittie purchased him a house to “use.” Butch later moved into the house with his girlfriend Peaches. Butch and Peaches had a daughter Maggie. Butch was frequently physically abusive and often threatened both Peaches and Kittie while brandishing his .45 revolver. One night Peaches had enough. She seized Butch’s revolver after he went to bed, shot him in the back and killed him. The grand jury no billed Peaches. Their daughter was Butch’s only heir. Butch died without a will. Do Peaches’ actions affect her ability to inherit from Butch’s estate? Can Peaches become the legal representative of Butch’s estate for herself and their minor daughter Maggie? Can Kittie get her house back?

Continue Reading Live-In Mom Killed Daughter’s Father: Her Rights to the Child’s Inheritance?

Mary Goodblood grew up believing that she was Cash Goodblood’s only daughter. Twenty-five years after he died, her dad’s brother Uncle Trusty sold the Goodblood family business for a tidy sum. After report of the lucrative sale was plastered on the front page of the local newspaper, Mary received a Facebook message from a stranger Désirée saying “Hi, I think your Dad is also my Dad. Do you want to exchange DNA?” In talking to her Uncle Trusty Mary learned that Désirée’s mom, Candy Onenight, had a brief relationship with Cash long before Cash and Mary’s mom got married. When Uncle Trusty, the trustee of Cash’s trust that specifically names Mary and nowhere mentions Désirée, is presented with Désirée’s claim for a share of Cash’s estate, what should Uncle Trusty do?

Continue Reading “Hi, I Think Your Dad is Also My Dad”: Illegitimate Heirs – Fiduciaries

Co-author Emily Morris*

Last month Tilting blogged about Peter LoDuca, Steven A. Schwartz and their New York law firm who New York Federal Judge Kevin Castel chastised for submitting non-existent judicial opinions with fake quotes and citations created by the artificial intelligence tool ChatGPT. Worse yet, they continued to stand by the fake opinions after Judge Castel challenged their brief. Though LoDuca and Schwartz claimed they were “unaware of the possibility that [ChatGPT’s] content could be false,” Judge P. Kevin Castel ordered them to appear earlier this month to evaluate whether sanctions were warranted.

Continue Reading Lawyers and ChatGPT — Averting a Possible Disaster

Co-author Derek Younkers *

For the last 15 years, our Tilting the Scales article outlining the “Top 10 Texas Fireworks Laws” has been an explosive hit every July 4 and New Year’s. This year, especially with the excessive heat we’re experiencing, you may be wondering if your upcoming weekend fireworks extravaganza will be dampened by a county burn ban?

Continue Reading Fireworks – Do Burn Bans Snuff Them?

Mary Goodblood grew up believing that she was the only daughter of Cash Goodblood. One day, 25 years after Cash died, and to no one’s surprise after the lucrative sale of the Goodblood family business was plastered on the front page of the local newspaper, Mary received a Facebook message from a woman named Désirée that said “Hi, I think your Dad is also my Dad. Do you want to exchange DNA?” After doing some research, Mary discovered that Désirée’s mom, Candy Onenight, had a very brief relationship with Cash long before Cash and Mary’s mom married. Cash died thinking that he left everything to his wife Martha Goodblood and their daughter Mary under his will and trust.

Continue Reading “Hi, I Think Your Dad is Also My Dad” – Inheritance Without a Will

Claiming that he was injured when a metal serving cart struck his knee during a flight from El Salvador to New York in 2019, Robert Mata recently sued Avianca Airlines. Avianca filed a motion to dismiss in New York federal court arguing the lawsuit was too late; the statute of limitations had expired. Vehemently objecting, Mata’s lawyers filed a 10-page reply brief citing more than half a dozen apparently-relevant court decisions. Among them was Varghese v. China Southern Airlines which purported to offer a learned discussion of federal law and “the tolling effect of the automatic stay on a statute of limitations.” What if none of Mata’s reply brief was true?

Continue Reading Legal Research Gone Wrong: A Cautionary Tale About Relying on ChatGPT

Mary Goodblood grew up believing that she was the only daughter of Cash Goodblood. One day, 25 years after Cash died, and to no one’s surprise after the lucrative sale of the Goodblood family business was plastered on the front page of the local newspaper, Mary received a Facebook message from a woman named Désirée that said “Hi, I think your Dad is also my Dad. Do you want to exchange DNA?” After doing some research, Mary discovered that Désirée’s mom, Candy Onenight, had a very brief relationship with Cash long before Cash and Mary’s mom married. What should Mary do? If Désirée can first prove paternity – that Cash is her biological father – does she have a legitimate claim to share equally with Mary in Cash’s trust created from the sale of the Goodblood family business?

Continue Reading Illegitimate Heirs – Trust Language: “Hi, I Think Your Dad is also My Dad” – Part 2

Mary Goodblood grew up believing that she was the only daughter of Cash Goodblood. One day, 25 years after Cash died and ironically after the lucrative sale of the Goodblood family business was plastered on the front page of the local newspaper, Mary received a Facebook message from a woman named Desiree that said “Hi, I think your Dad is also my Dad. Do you want to exchange DNA?” After doing some research, Mary discovered that Desiree’s mom, Candy Onenight, had a very brief relationship with Cash long before Cash and Mary’s mom married. What should Mary do? Despite the fact that Cash is not listed as the father on Desiree’s birth certificate, does she have a legitimate claim to any of the Goodblood family wealth?

Continue Reading Illegitimate Heirs – Paternity: “Hi, I Think Your Dad is Also My Dad” – Part 1

Following the untimely death last year of his father Big Daddy Bux due to COVID-19, brother Hustler Bux was appointed independent executor of Big Daddy’s Will. When Hustler asked for a judicial discharge, sister Kathy “Kitten” – who had cared for both parents and still lived in the family home – objected complaining that Hustler failed to disclose important facts related to the estate. Kitten’s mistrust was intensified by altercations between them at the family home, and then confirmed by Hustler’s late inventory and accounting revealing his uneven distribution of Big Daddy’s $5 million estate. Without telling Kitten, Hustler (i) deeded the family home to Kitten and deducted his determination of its value from her share, (ii) deeded a ranch in Goliad to himself and their two brothers – but not her, (iii) reserved $150,000 of estate funds to cover his attorneys’ fees to defend any lawsuit. Kitten asked for explanations. Hustler refused. Even worse, Hustler intimated that, by just asking for the estate information, Kitten violated the will’s “no-contest” clause. Can Hustler refuse to tell Kitten about Big Daddy’s estate and his assets? What’s a “no-contest clause?” What is a judicial discharge? Continue Reading Can Executors Keep Secrets From Beneficiaries?

Beautiful brick house with bay windows with Christmas tree showing through and decorated pillars and sled on porch in snow framed by winter treesLeft home alone by his inattentive parents and fearing the Wet Bandits, ten-year-old Kevin McAllister rigs his home with a series of booby traps to stop the would-be burglars. Among other measures, Kevin sprays the front steps with water, which quickly freezes, and uses an electric BBQ starter to turn his front doorknob molten hot. But Kevin’s best-lain plan quickly goes awry. Concerned about Kevin safety, Old Man Marley stops by and attempts to open the door. Recoiling in pain, he stumbles backward, slips on the steps, and falls in the snow. Old Man Marley is later diagnosed with a severe concussion and a full-thickness third-degree burn. Will Kevin be ensnared by Marley’s forthcoming lawsuit? Continue Reading The Law of Booby Traps in Texas for Those Left Home Alone