Navigating the nuances of will signatures in Texas can often lead to complex legal discussions, especially when those signatures deviate from conventional norms. The importance of how and by whom a will is signed cannot be overstated, as it directly impacts the document’s validity and enforceability. Understanding Holographic Wills and Signature Requirements In Texas, a […]
Category: Probate Law
Who Can See a Will After Someone Dies?
When a loved one passes away, the handling of their will can become a focal point of concern, particularly for potential beneficiaries curious about their inclusion in the will. Conflicts often arise when someone is believed to be withholding the will or refusing to disclose its contents. Understanding the legal obligations and rights concerning the […]
Can Felons Serve as Executors in Texas?
The implications of having a criminal record can complicate one’s ability to serve in significant roles, such as an executor of an estate. Traditionally, Texas law has been stringent about who can serve as an executor of an estate. Being an executor is a crucial role, involving managing a deceased person’s estate and ensuring that […]
Understanding the Duties of an Administrator to Beneficiaries in Texas
Once you have been appointed as an Administrator or Executor of an Estate, you are now a fiduciary for the beneficiaries and persons interested in the estate. As a fiduciary, there are certain duties in which you owe such beneficiaries. When determining what those duties are, Texas law generally holds an Administrator to the same […]
Divorce and Estate Planning in Texas
Divorce is a significant life event that brings about emotional and financial changes, impacting more than just one’s marital status. Among the numerous adjustments, one critical area that often gets overlooked during and after divorce proceedings is estate planning. In Texas, where state laws uniquely influence estate planning and probate processes, understanding how divorce affects […]
What Happens To Your Home When Your Spouse Dies Without a Will?
When faced with the loss of a spouse, the multitude of ensuing legal questions can be overwhelming, particularly regarding property inheritance. A common scenario involves a widow seeking to transfer the home she shared with her late husband into her name, only to discover the complexities involved when no will exists, and there are children […]
Hand Written (Holographic) Wills in Texas and When They’re Valid
When most people think of wills, they envision formal legal documents, drafted by attorneys, filled with legal jargon, and witnessed by officials. However, in Texas, there’s a unique and less formal option known as a “holographic will.” Contrary to what science fiction might suggest, holographic in this context does not involve 3D images like that […]
Understanding Inheritance of Community Property in Texas Blended Families
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 […]
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 […]