Probate Law | Silberman Law Firm, PLLC - Part 3

Surviving Spouse Homestead Right

As a married individual, you may wonder what rights you have to your home in the event of your spouse’s death. Article XVI, § 52 of the Texas Constitution can help answer this question. Constitutional Rights  Article XVI, § 52 of the Texas Constitution states that, “On the death of the husband or wife, or […]

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Non-Probate Assets in Texas

Estate planning is an opportunity for a family member to ensure that the estate’s assets are distributed exactly as the planner wishes. Estate planning may create a valid will and/or trust(s) which provide care for family members. Estate planners also want to avoid unintended consequences while maximizing the value of assets for beneficiaries. Knowing, for […]

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Probating a Copy of a Will in Texas

There is a presumption under Texas law that if the decedent’s original will cannot be found or produced, the will is void or revoked. In other words, even if you have a copy of the will, the probate court will still treat it as if there was no will at all. There is now a […]

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The Importance of a Digital Executor in a Texas Will

Estate planning, usually includes writing a valid will, perhaps creating one or more trusts, and choosing an executor to administer the estate. Changes in probate laws, reflective of societal changes, may complicate that planning. One fairly recent change addresses the increasing importance of a client’s digital legacy. The role of executor is evolving to reflect […]

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Types of Trusts Available in Texas

When most people think of estate planning, they think of writing a valid will, which is one important purpose of planning. In addition to a will, several types of trusts also offer options to protect assets and ensure that beneficiaries are cared for. With the wide variety of options available, discerning whether a will or […]

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Independent vs. Dependent Administration of Estates in Texas

Texas probate law provides two different options for settling an estate, dependent administration and independent administration. Determining which option is best for an estate depends on several factors, including the size of the estate and the complexity of distributing the estate’s assets. Court Oversight An independent administration means that the executor of the estate has […]

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Probate Mediation in Texas

The Mediation Process in Texas offers alternatives for settling legal disputes outside of the courtroom. Many are aware of mediation in business matters and family court, but the mediation process is also a viable option with probate issues. This less adversarial, less costly option to court proceedings provides ways to de-escalate tension among family members […]

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