Discovering a long-lost document after a family member passes away can immediately throw a wrench into family dynamics and real estate titles. A particularly challenging situation occurs when a relative or former spouse suddenly produces a “secret” will years after an individual’s death, claiming rights to valuable property like family land. When a surprise will […]
Category: Probate Law
Keeping TX Land in the Family: The 300 Year Rule
For generations, Texas real estate owners looking to preserve land for their descendants have run into a strict legal brick wall designed to prevent the permanently locked-up ownership of property. Historically, landowners could not dictate who owned their property hundreds of years into the future. However, a major legislative shift has fundamentally changed long-term estate […]
How Much Can You Actually Gift Before the IRS Steps In?
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 […]
The 2026 Tax Cliff Is Coming: Is Your Estate Protected?
For the past several years, estate planning attorneys and financial advisors have been warning clients about the impending “tax cliff.” The sunset provisions of previous tax legislation meant that the unified gift and estate tax exemption was scheduled to slash roughly in half. However, new legislative updates for 2026 have completely shifted the landscape. If […]
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 […]