When preparing an estate plan, some desire to leave their real property to certain persons but want to ensure that the heir they are leaving it to uses the property for a specific person and/or does not sell the property. A way to accomplish this is by including a life estate provision in your will. …
Category: Probate Law
Protecting Your Property with a Right of First Refusal in Your Texas Estate Plan
As a property owner in Texas, you want to ensure that your assets are protected and passed on to your loved ones according to your wishes. One way to accomplish this is by including a right of first refusal in your estate plan. What is a right of first refusal and why include it in …
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Important Texas Probate Terms
At one time or another, most people will have to navigate the intricacies of probating a will. This can be difficult for a variety of reasons both emotional and practical, but having a good grasp of the terminology involved will ease the process. Please see below for definitions of commonly used terms related to probating …
Disinheriting a Family Member: The One-Dollar Myth
A certain persistent myth claims that a parent can disinherit their child by leaving them a gift of only one dollar in their will. In addition to preempting a claim by the disinherited child that their omission from the will was an oversight or mistake, leaving a wayward child nothing but a dollar might have …
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In Terrorem or No Contest Clauses in Texas Wills
Unlike other jurisdictions, Texas allows its citizens broad authority to create wills which convey the testator’s (person making the will) property to whomever they choose without meaningful restriction. However, depending upon the circumstances of the execution of a will, there is always the possibility that a will is contested in the course of probate. What …
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Removing an Executor in Texas Probate Court
Estate planning usually includes writing a valid will and/or trust(s) and appointing an executor to administer the estate’s assets upon death of the decedent. It also ensures that the testator’s wishes are carried out as stipulated. When an estate planner chooses an executor, the decision is usually based on their strong relationship as well as …
Surviving Spouse Homestead Right
As a married individual, you may wonder what rights you have to your home in the event of your spouse’s death. Article XVI, § 52 of the Texas Constitution can help answer this question. Constitutional Rights Article XVI, § 52 of the Texas Constitution states that, “On the death of the husband or wife, or …
Non-Probate Assets in Texas
Estate planning is an opportunity for a family member to ensure that the estate’s assets are distributed exactly as the planner wishes. Estate planning may create a valid will and/or trust(s) which provide care for family members. Estate planners also want to avoid unintended consequences while maximizing the value of assets for beneficiaries. Knowing, for …
The Impact of a Will on JTWROS and POD Bank Accounts in Texas
Estate planning is a gift to families and provides relief to the planner as well, who assumes that the estate’s assets will be distributed how and when the planner asks. Probate law is complex, however, and beneficiaries may be surprised when the distribution of assets does not go as expected. A common belief about bank …
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Probating a Copy of a Will in Texas
There is a presumption under Texas law that if the decedent’s original will cannot be found or produced, the will is void or revoked. In other words, even if you have a copy of the will, the probate court will still treat it as if there was no will at all. There is now a …