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 […]
Category: Probate Law
Removing an Executor in Texas Probate Court
Estate planning usually includes writing a valid will and/or trust(s) and appointing an executor to administer the estate’s assets upon death of the decedent. It also ensures that the testator’s wishes are carried out as stipulated. When an estate planner chooses an executor, the decision is usually based on their strong relationship as well as […]
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 […]
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 […]
The Impact of a Will on JTWROS and POD Bank Accounts in Texas
Estate planning is a gift to families and provides relief to the planner as well, who assumes that the estate’s assets will be distributed how and when the planner asks. Probate law is complex, however, and beneficiaries may be surprised when the distribution of assets does not go as expected. A common belief about bank […]
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 […]
Tangible vs Intangible Assets in Texas Estate Planning
Most people think of estate planning as writing a valid will, and that is one crucial aspect of planning. However, estate planning includes many other considerations, whether or not to create trusts or include digital executors, for example. Also critical in estate planning is the accurate valuation of an estate. Some assets are easier to […]
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 […]
Wills and Trusts as Estate Planning Tools in Texas
Most people want to do all they can, not only during their lifetime but beyond, to help their loved ones. Estate planning provides peace of mind for that person and their family members by establishing who will manage the estate and how assets of the estate will be divided. Many equate estate planning with writing […]
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 […]