Probate Law | Silberman Law Firm, PLLC

The Importance of a Digital Executor in a Texas Will

Estate planning, usually includes writing a valid will, perhaps creating one or more trusts, and choosing an executor to administer the estate. Changes in probate laws, reflective of societal changes, may complicate that planning. One fairly recent change addresses the increasing importance of a client’s digital legacy. The role of executor is evolving to reflect …

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Independent vs. Dependent Administration of Estates in Texas

Texas probate law provides two different options for settling an estate, dependent administration and independent administration. Determining which option is best for an estate depends on several factors, including the size of the estate and the complexity of distributing the estate’s assets. Court Oversight An independent administration means that the executor of the estate has …

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Testamentary Capacity and Testamentary Intent in a Will

A Last Will and Testament is a legally binding document that ensures a testator’s estate is distributed according to that person’s wishes. Having a valid will safeguards a testator’s intent for the estate without leaving loved ones to guess what the testator wanted. Two important components when establishing a valid will are having testamentary capacity …

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Converting Separate Property to Community Property in Texas Must Be Clearly Intended

While most assets earned or acquired during a marriage are community property, other assets that were separate property at the time of marriage remain separate property. It is possible to convert separate property into community property, but anyone intending to do so must sign and execute a conversion agreement exactly as laid out in the …

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