The fact that Texas is one of nine community property states in the US means that all assets belonging to married persons are affected by the concept of community property. In a community property state, most property acquired during marriage belongs to both spouses and is considered community property. Furthermore, community property is either classified […]
Category: Probate Law
Common Methods for Distributing Assets After Death in Texas
Whether a person dies with a will (testate) or without a will (intestate), distributing assets to their heirs, beneficiaries, or distributees may be very simple or quite complex. Assets are either classified as real property or personal property. While real property is land and everything attached to the land, personal property includes bank accounts, investments, […]
The Texas Will and Probate Process
Our firm receives a multitude of questions about probating wills in Texas (also known as a testate probate). The purpose of this post is to provide an introduction to the law and legal process surrounding wills. When someone dies with a will, the decedent’s property passes according to instructions in the will. The will must […]
The Problem of “Heir Property” and The Affidavit of Heirship
Chapter 203 of the Estates Code details the effect of an affidavit of heirship in a court proceeding and provides a permissible form of the affidavit. However, chapter 203 is devoid of any practical explanation of when and how these affidavits are commonly used.While there are multiple scenarios when an affidavit of heirship may prove […]