Probate Law | Silberman Law Firm, PLLC - Part 3

Will Prove Up Hearing: What to Expect as an Executor

While attending court to get appointed as an executor may seem intimidating, understanding the courtroom layout, rules and procedures can help ease some anxiety. Some Texas counties allow the will to be admitted through attorney testimony; however, many counties require the executor to come to court to testify. Your probate attorney will be your guide …

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An Overview of Marital Property Law in Texas

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 …

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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, …

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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 …

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