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 […]
Category: Probate Law
The Joint Will: An Unsuitable Estate Planning Tool in Texas
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 […]
Removing an Agent Under a Durable Power of Attorney
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 […]
Managing Digital Assets After Death in Texas
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 […]
Can an Adopted Child Inherit?
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 […]
Having a Life Estate Provision in a Will
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. […]
Protecting Your Property with a Right of First Refusal in Your Texas Estate Plan
As a property owner in Texas, you want to ensure that your assets are protected and passed on to your loved ones according to your wishes. One way to accomplish this is by including a right of first refusal in your estate plan. What is a right of first refusal and why include it in […]
Important Texas Probate Terms
At one time or another, most people will have to navigate the intricacies of probating a will. This can be difficult for a variety of reasons both emotional and practical, but having a good grasp of the terminology involved will ease the process. Please see below for definitions of commonly used terms related to probating […]
Disinheriting a Family Member: The One-Dollar Myth
A certain persistent myth claims that a parent can disinherit their child by leaving them a gift of only one dollar in their will. In addition to preempting a claim by the disinherited child that their omission from the will was an oversight or mistake, leaving a wayward child nothing but a dollar might have […]
In Terrorem or No Contest Clauses in Texas Wills
Unlike other jurisdictions, Texas allows its citizens broad authority to create wills which convey the testator’s (person making the will) property to whomever they choose without meaningful restriction. However, depending upon the circumstances of the execution of a will, there is always the possibility that a will is contested in the course of probate. What […]