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 […]
Category: Probate Law
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 […]
Probate Venue in Texas
The death of a loved one is not only emotionally challenging but also often creates logistical challenges as well. Ideally, a person has collaborated with an experienced attorney to create a will which distributes assets to the decedent’s beneficiaries in accordance with his or her wishes. If that will exists, the family’s responsibility is often […]
Small Estate Affidavits in Texas
Not everyone dies with a large estate requiring a complicated administration. Because a small estate generally has fewer complexities, Texas has created a Small Estate Affidavit, also known as a SEA. Those small estates that qualify are able to settle without the normal probate process. Despite its goal to simplify the transfer of assets, the […]
Separate Property vs. Community Property in Texas
The concept of community property originated with Spanish civil law and came to Texas via Mexico. Today, Texas is one of only nine community property states in the country. The term community property applies to the concept of combining separate assets, typically through marriage. The Texas Constitution and Texas Family Code provide definitions and procedures […]
Emergency Guardianship in Texas
Sometimes situations arise in which a person becomes a danger to self or others, and the legal system must intervene. Sudden illness such as a stroke or illness may incapacitate a person. Or perhaps the ability to responsibly care for others or oneself diminishes over time due to dementia, substance abuse, or mental illness. When […]
Proof of Death in the Texas Probate Process
When a loved one dies, the estate goes into probate, the legal process for distribution of assets. The first step to begin probate is to file a petition with the court which appoints an administrator of the estate. That petition must be filed within four years of the decedent’s death, and it must offer proof […]
Per Stirpes vs. Per Capita in Texas
A valid will identifies the beneficiaries and which assets they’ll receive, as well as when and how exactly the beneficiaries will receive those assets. The person writing the will, the testator, also chooses one or sometimes two executors who ensure the will is carried out as written. The testator may also choose between dividing the […]