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 […]
Category: Probate Law
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 […]
Is It a Good Idea To Be a Trustee For Your Sibling?
Serving as a trustee for a sibling may seem like a natural and cost-effective decision for families planning their estate, but it comes with complex emotional and legal dynamics. This is especially true when one sibling is notably more responsible than the other, or when mental health, addiction, or financial irresponsibility are part of the […]
Why Blended Families and Second Marriages Make Estate Planning Crucial in Texas
Having a will is always a good idea. But if you have children from a previous relationship, a will is not just helpful — it is essential. Without one, Texas law will decide how your assets are divided after your death, and the outcome is often far from what families expect or want. This issue […]
Nonmarital Conjugal Cohabitation and the Statute of Frauds?
The term “agreement for nonmarital conjugal cohabitation” may sound like something out of a law school exam or maybe even a bad romance novel but it’s an actual legal concept. And believe it or not, it has something to do with the Statute of Frauds, a centuries-old legal doctrine that still influences modern contract law […]
How Does Divorce Affect Your Will in Texas?
It’s a scenario that comes up more often than you might think: A couple gets divorced, and years later, one of them passes away without updating their will. In many cases, the will still names the former spouse as the primary beneficiary. So, what happens then? In Texas, the law has a built-in safeguard to […]