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 […]
Category: Probate Law
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 […]
Legislative Update: Recent Changes to the Probate Process in Texas
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 […]
Understanding the Different Standards of Capacity in Texas
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 […]
Claiming Unclaimed Property in a Texas Probate
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
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 […]
Accessing a Safe Deposit Box After a Loved One Passes Away in Texas
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 […]