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 […]
Category: Probate Law
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 […]
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 […]
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 […]