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 …
Legislative Update: Recent Changes to the Probate Process in Texas Read More »
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 …
Understanding the Different Standards of Capacity in Texas Read More »
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 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 …
Understanding the Family Allowance in a Texas Probate Proceeding Read More »
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 …
Accessing a Safe Deposit Box After a Loved One Passes Away in Texas Read More »
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 …
The Joint Will: An Unsuitable Estate Planning Tool in Texas Read More »
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 …
Removing an Agent Under a Durable Power of Attorney Read More »
As technology continues to evolve, digital assets have become an increasingly important part of our lives. From social media accounts and email to online banking and cryptocurrencies, these digital assets can have significant emotional and financial value. In this blog post, we will discuss how digital assets are addressed under Texas probate law and provide …
In the state of Texas, if a person dies without a will, then their estate is divided amongst their heirs according to the rules of intestate succession. A person’s child or children can inherit through intestate succession. This may seem straight forward but if a decedent has adopted a child, or if a potential heir …
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. …
