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 […]
Category: Probate Law
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 […]
Texas Uniform Partition of Heirs’ Property Act
Partition is the division of real property among joint owners and is an absolute right in the state of Texas. Texas law will not force one owner to maintain a joint ownership if he or she wishes not to for any reason. In this case, a joint owner may compel a partition in kind or […]
Undue Influence in Texas Probate Cases
Creating a valid will in Texas offers peace of mind for family members as well as for the person writing the will, known as the testator. In certain cases, however, the validity of the will may be challenged in court. As Baby Boomers are aging, many are moving into assisted living and nursing facilities, where […]
Testamentary Capacity and Testamentary Intent in a Will
A Last Will and Testament is a legally binding document that ensures a testator’s estate is distributed according to that person’s wishes. Having a valid will safeguards a testator’s intent for the estate without leaving loved ones to guess what the testator wanted. Two important components when establishing a valid will are having testamentary capacity […]
Converting Separate Property to Community Property in Texas Must Be Clearly Intended
While most assets earned or acquired during a marriage are community property, other assets that were separate property at the time of marriage remain separate property. It is possible to convert separate property into community property, but anyone intending to do so must sign and execute a conversion agreement exactly as laid out in the […]
Executor Fees in Texas
A person who is named executor of an estate has an important and sometimes difficult job, especially when the estate is a large one. Administering the estate means that the executor must inventory the estate, file bills, maintain records, and then pay all debts and taxes on the estate, among other tasks. A large estate […]
Are Initials Enough to Sign a Will?
Dealing with the loss of a loved one is enough of a devastating experience without the added frustration of attempting to probate a nonstandard will. While a properly drafted will needs to meet several Texas legal requirements to be considered valid, a recent case has made clear that initials on a will are enough to […]
Special Needs Trusts in Texas
Writing a valid will is a gift for grief-stricken family members. Not only does estate planning communicate how assets are to be distributed and to whom, but it can also provide lasting support and protection in the form of trusts for loved ones. Particularly vulnerable is the individual with intellectual and developmental disabilities (IDD) who […]
Inheritance and Estate Taxes in Texas
Writing a will is helpful for family members at an emotionally challenging time. Choosing beneficiaries and designating their assets is a major focus of estate planning. However, one issue that sometimes catches beneficiaries by surprise is the unexpected costs associated with assets the beneficiary may receive. Particularly concerning is the potential for inheritance and estate […]