A common desire among older Americans, especially during the holidays or milestones, is to share their wealth with their children and grandchildren while they are still alive to see them enjoy it. However, a cloud of confusion often surrounds the tax implications of these gestures. Many people operate under the misconception that the recipient of […]
Category: Probate Law
Residuary Clauses in Wills
In estate planning, we often focus on specific bequests—the heirlooms, the family home, or the sentimental jewelry we want to leave to specific people. But what happens to everything else? What about the contents of your junk drawer, the change in your car’s console, or a bank account you opened years after signing your will? […]
Do You Have to Include a SS# or DL# in Court Docs When Probating a Will?
When filing an application to probate a will in Texas, many applicants are surprised and often concerned to find requests for sensitive personal information. In an era of rampant identity theft, providing a Social Security number (SSN) or Driver’s License (DL) number to a public court record feels counterintuitive. However, the law has specific requirements […]
Getting Foreign Guardians Approved in Texas
When a person under guardianship moves to a new state, their legal protection doesn’t automatically follow them across state lines. If you are a guardian appointed in another state and your ward has moved to Texas, you must domesticate that guardianship to have the legal authority to act within the Lone Star State. The Application […]
How to Find Heirs in Texas
Locating heirs is a critical, and often challenging, step in the Texas probate process. Whether a loved one died without a will (intestate) or a named beneficiary in a will has moved and lost contact, the law requires a diligent effort to find these individuals before an estate can be fully settled. Why Locating Heirs […]
What Kind of Witnesses Do You Need in a Will Contest?
In a Texas will contest, particularly one involving allegations of dementia or a lack of capacity, the evidence often comes down to the testimony of those who knew the deceased best. Proving a case in court requires a combination of “real-world” observations and professional expertise to paint a complete picture of the testator’s mental state […]
How to File a Will Contest
Contesting a will is a complex legal process that may center on the testator’s capacity, any technical defects in the will and/or whether the testator was under any duress. The Importance of Strategic Timing A critical factor in a will contest is whether the challenge is filed before or after the will has been admitted […]
Contesting Wills Based on Dementia
One of the most common reasons for a will contest is the allegation that the person making the will lacked the mental capacity to do so. This often arises when a loved one was suffering from dementia or Alzheimer’s at the time the document was signed. Understanding the legal threshold for “testamentary capacity” is the […]
Is a Trust a Legal Entity?
Many people imagine a trust as a “box” where they can place assets to keep them safe from creditors or legal trouble. However, in the eyes of the law, a trust is not actually a separate legal entity in the same way a corporation or an LLC is. Instead, it is a legal relationship. The […]
Do Trusts Provide Asset Protection?
When it comes to safeguarding your wealth, trusts are often the first tool people consider. However, the level of protection they offer depends heavily on how they are structured. In the legal world, there is a “conventional wisdom” regarding asset protection, but as with all things in law, the details matter. The Difference Between Revocable […]