In Texas, the concept of community property plays a pivotal role in how assets are distributed upon the death of a spouse, particularly when it comes to blended families. This unique legal framework can often lead to unexpected outcomes without proper understanding and planning. What is Community Property? Community property, under Texas law, encompasses almost […]
Category: Probate Law
Understanding Texas’s Anti-Lapse Statute
What happens when the intended recipient of a testamentary gift dies before or alongside the testator? In Texas, unless the will provides otherwise, the default answer is that the gift lapses – that is, that the provision containing the gift is treated as if it were not part of the will. If the will has […]
Obtaining a Deceased Family Member’s Bank Account Information in Texas
One of the challenges faced by those who have lost a loved one is determining the nature, location, and value of the deceased’s assets. Especially in cases of sudden or unexpected death, the deceased may not have had the foresight to name death beneficiaries for their bank accounts, retirement accounts, and the like, or to […]
Legislative Update: Recent Changes to the Probate Process in Texas
During its last session, the Texas legislature implemented some much-needed tweaks to the Texas Estates Code aimed at reducing delays, eliminating unnecessary formalities, and addressing persistent logistical problems in the probate process. The following is a selection of the most notable changes made to the Code and a description of their likely effects on the […]
Understanding the Different Standards of Capacity in Texas
There are many times where the capacity of a person comes into question whether it be before or after certain legal documents are signed. Depending on what the legal document or situation is, the standard for determining a party’s capacity could greatly differ. Contractual Capacity To form a binding agreement, a meeting of the minds […]
Claiming Unclaimed Property in a Texas Probate
When we think about the assets in our estate, it’s natural to consider the more tangible and immediate items like real estate, bank accounts, and personal belongings. However, there are often overlooked assets that may have significant value and can easily become unclaimed property and create implications in the probate process. What Is Unclaimed Property? […]
Understanding the Family Allowance in a Texas Probate Proceeding
Understanding the Family Allowance in a Texas Probate Proceeding Losing a loved one is an emotionally challenging time, and dealing with the practical aspects of estate administration can further compound the stress. In Texas, the Estates Code provides for various provisions to protect the rights and interests of surviving family members. One such provision is […]
Accessing a Safe Deposit Box After a Loved One Passes Away in Texas
Accessing a Safe Deposit Box When Someone Passes Away In Texas Many people have a safe deposit box to keep important valuables and documents secure. What happens if someone passes away unexpectedly, and their loved ones need to access the safe deposit box because they suspect the will is inside? There are processes in the […]
The Joint Will: An Unsuitable Estate Planning Tool in Texas
Understanding the complexities of estate planning can feel daunting, particularly when it involves loved ones. A joint will, a document often utilized by spouses to establish mutual asset distribution, might initially appear as an attractive solution. However, within the unique legal landscape of Texas, joint wills are generally discouraged. Understanding Joint Wills Joint wills allow […]
Removing an Agent Under a Durable Power of Attorney
Granting someone a durable power of attorney is a significant decision that allows another person or entity to make financial and legal decisions on your behalf. However, circumstances may arise where you find it necessary to remove an agent from their role. In the state of Texas, there are specific guidelines and procedures to follow […]