Probate is the legal process that occurs after someone passes away, involving the administration of their estate, whether they left behind a will or not. This process ensures the proper distribution of assets to heirs and payment of any debts. Here’s a closer look at what probate entails and when it might be necessary. What […]
Category: Probate Law
What Happens if Multiple Wills Exist at the Time of Death in Texas?
When a person in Texas passes away and multiple wills are discovered, the legal process of determining which will is valid becomes crucial. In Texas, like in many other states, there are clear laws to handle such scenarios. Here’s how the process works: Validating the Most Recent Will In Texas, when there are multiple wills, […]
Why Using Online Will Services is Risky for Estate Planning
In the digital age, it’s tempting to use online services for everything, including legal documents like wills. However, when it comes to estate planning, using internet-based forms can lead to significant issues, especially for Texas residents. Here’s why professional legal assistance is essential for drafting a will. The Pitfalls of Generic Online Wills Many online […]
How to Determine and Establish Guardianship for Family Members in Texas
As our loved ones age or face challenging health conditions, it may become evident that they can no longer manage their personal or financial affairs independently. In such cases, guardianship might be necessary to ensure their well-being and protection. In Texas, the guardianship process is a legal means by which a court appoints an individual […]
Comparing the Lady Bird Deed and the Transfer On Death Deed as Estate Planning Tools in Texas
Of the many tools available to Texans for planning out the distribution of their assets following their deaths, two of the most commonly used are the Lady Bird Deed (more formally known as an Enhanced Life Estate Deed) and the Transfer on Death Deed (TODD). Both tools allow the signer to convey to another person […]
When Complex Estate Planning and Trusts Become Necessary
When considering estate planning, it’s essential to understand who truly needs complex instruments like living trusts. Contrary to popular belief, the vast majority of individuals do not require extensive estate planning. For most Texans, a straightforward will and basic powers of attorney are sufficient to ensure their assets are managed and distributed according to their […]
How to Transfer Vehicle Ownership After Death in Texas
When a loved one passes away, handling their estate can be challenging, especially when it comes to transferring ownership of their assets. One common asset that often needs to be transferred is a vehicle. In Texas, there is a simplified process for transferring the title of a vehicle after the owner’s death, particularly when the […]
Pretermitted Children and Inheritance in Texas: Understanding Your Rights
In Texas, inheritance laws are designed to ensure that the wishes of a deceased individual (the testator) are honored and that their assets are distributed according to their estate plan. However, sometimes unforeseen circumstances arise, such as the birth or adoption of a child after the creation of a will. These children, known as “pretermitted […]
How to Ensure Family Access to Texas Bank Accounts After Death
When a Texas resident dies, finances are often an immediate concern to the surviving family. Between funeral costs, final medical expenses, and simply keeping up with the deceased’s bills, access to the deceased’s funds can be crucial to navigating the aftermath of a passing. Unfortunately, unless the deceased planned ahead, getting access to the money […]
The Legal Validity of Signatures on Texas Wills
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 […]