When a loved one is suffering from a mental health crisis and is a danger to themselves or others, family members often seek legal intervention to get them immediate help. While this is an emotional and urgent situation, the legal system has specific, often frustrating, procedures for involuntary commitment. The Mental Health Warrant Process The […]
Category: Probate Law
Guardianships For People With Mental Health Issues
Dealing with a loved one who suffers from a severe mental health issue and is unable to care for themselves can be heartbreakingly difficult, especially when you seek legal intervention like a guardianship. Unfortunately, these cases present unique challenges in the Texas legal system. The Challenge of Mental Health Cases Attorneys who specialize in probate […]
How Much Do Executors Get Paid in Texas?
The question of how much an executor of an estate is entitled to charge for their services is a common one, especially for individuals who are not named as beneficiaries in a will. In Texas, the compensation for an executor is governed by state law, which sets a maximum amount that is often far less […]
How to Disinherit Your Children
The process of disinheriting a child is a legal right in Texas, but it must be handled with care to prevent the will from being challenged in court. Simply omitting a child from a will is a risky strategy that can be easily contested, so a more deliberate and explicit approach is required. Why Not […]
What is Scire Facias?
A scire facias is a legal writ that is used in Texas courts to bring a new party into an existing lawsuit, typically when an original party has died. The Latin term literally means “you should make known,” and its purpose is to notify the executor or administrator of the deceased’s estate that they must […]
Can You Probate an Estate in Texas After Four Years?
The law surrounding probate can be complex, especially when a significant amount of time has passed since the decedent’s death. While there’s a good reason for the probate process, it can become difficult to navigate if it’s not handled promptly. The Four-Year Rule Texas law includes a provision that makes probating a will challenging after […]
Can You Force an Executor to Probate a Will?
When a person passes away, their will names an executor to handle their estate. But what happens if the executor doesn’t take action? This can leave beneficiaries and alternate executors in a difficult position, wondering if they can force the issue. The Problem of Inactive Executors It’s a frustrating situation when a named executor refuses […]
Can You Make Your Will Conditional on a Beneficiary Action?
When drafting a will, many people want to leave their assets to beneficiaries with certain conditions attached. This raises a crucial question in estate planning: are these conditional bequests legally enforceable? The short answer is yes, it is legally enforceable to include conditions in a will. However, while it is possible, it can lead to […]
What Are Spousal Homestead Rights in Texas?
When a spouse dies in Texas, the surviving spouse has powerful legal protections that ensure they won’t be forced out of their home even if other heirs (like children from a previous marriage) inherit part of the property. These rights are known as spousal homestead rights, and they reflect long-standing public policy in Texas designed […]
How to Deed Property Out of an Estate in Texas After Someone Dies
One of the most common questions families face after the death of a loved one is: “How do we transfer real estate from the estate to the heirs?” In Texas, the answer involves a formal process through the probate court and proper documentation in the public records. Simply inheriting property through a will isn’t enough […]