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 […]
Category: Probate Law
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 […]
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 […]