Even before children are born, parents worry about how best to care for them. Many forget though that one of the best ways to guarantee a family’s stability is through estate planning, which can provide for children and grandchildren beyond the parents’ lifetimes. For example, a trust offers financial stability to a minor child by […]
Category: Probate Law
The Attorney Ad Litem in Heirship Determinations
When someone dies intestate, without a will, the Texas Estates Code provides guidance about how to determine the heirs of that estate and how to divide the estate. In a previous article, we provided a general outline for determining heirship in Texas. This article focuses more fully on the role of an Attorney Ad Litem […]
The 120 Hour Rule: Survival Requirements in Texas
Sometimes family members pass at or around the same time. Chapter 121 of the Texas Estates Code establishes protocols for situations where a testator (in the case of a will) or an intestate decedent (in the case where there is no will) and beneficiary or heir die simultaneously or in quick succession. 120 Hour Rule […]
Determination of Heirship Proceedings in Texas
When someone dies intestate, without a will, it is sometimes necessary to determine heirship through a judicial proceeding in a probate court. For example, banks and insurance companies may need to have proof of heirship before releasing the decedent’s assets. The Texas Estates Code outlines who will inherit the estate and how it will be […]
Do I need a Lawyer to Probate a Will or Estate in Texas?
At times people may feel that they can best represent themselves and their own interests in court, wanting to appear in court without legal representation for simple matters. The legal terms Pro Se, in propriam personam, or pro per come from Latin phrases which translate to ‘appearing for oneself; for one’s own behalf.” However, representing […]
Informal Family Settlement Agreements in Texas
Grieving the loss of a family member is difficult enough, and battling in court over inheritance can magnify those difficulties exponentially. Fortunately, Texas case law provides an opportunity for families to work together and avoid probate, particularly with a small estate made up mostly of personal property. Elements of a Family Settlement Agreement First and […]
The Notario Publico and Unauthorized Practice of Law in Texas
Notario Publico and Notary Public are two terms that seem synonymous but definitely are not the same in the state of Texas. Equating one title with the other has caused problems for many people, sometimes leading them to unqualified, even unscrupulous, notaries. Similar in Name Only While the names sound similar, each title originates from […]
Letters Testamentary in Texas
Heirs and beneficiaries are often informed by banks, mortgage companies, and other financial institutions that they need Letters Testamentary or Letters of Administration to be able to access funds in bank accounts or obtain information related to a mortgage. This article will discuss what these letters are and how to obtain them from the court. […]
Understanding the Texas Durable Power of Attorney
What Is a Durable POA? Often included as part of a complete estate plan, this document provides a way to choose someone to make financial decisions on your behalf when you cannot make those decisions yourself. The person creating the Power of Attorney is known as the “principal,” and the person given the ability to […]
Understanding the Texas Medical Power of Attorney
What Does a Medical POA Do? A Medical Power of Attorney allows you to choose someone who will make medical decisions when you are unable to do so. The person creating the Power of Attorney is known as the “principal,” and the person given the ability to make the medical decisions is known as the […]