Ideally, a valid will designates the beneficiaries of an estate, how assets will be divided among beneficiaries, and the name(s) of the executor(s) who will be in charge of carrying out the wishes of the decedent, the person who wrote the will. Most wills call for independent probate administrations as opposed to dependent administrations. As […]
Category: Probate Law
Survivorship Agreements for Real Estate in Texas
One of the biggest legal myths in Texas is that jointly owned property automatically goes to the surviving co-owner upon one owner’s death. Once a joint owner (co-tenant) of property dies without a will, Texas intestacy law governs the distribution of the deceased owner’s interest in the property. One of the easiest ways for co-owners […]
Amending a Texas Will with a Codicil
Writing a valid will is a critical part of estate planning. In it the testator, the person writing the will, can specify exactly which assets will go to whom. The will also identifies who will be the executor of the estate, the person or persons responsible for carrying out the will and managing taxes, debts, […]
Texas Intestacy with No Children or Spouse
The best way to ensure that a person’s estate is distributed as he or she wishes is to make a will. However, in the event that a person dies intestate, without a will, Texas has in place a statutory formula that decides how property will be distributed and to whom. This formula is also known […]
How to Make a Valid Will in Texas
Writing a valid will is the very best way to ensure that an estate is distributed exactly as a person wishes, eliminating any doubt about what that family member “would have wanted.” Among its important purposes, it allows the person writing the will, the testator, to identify beneficiaries, distribute assets, and choose a legal guardian […]
Lifetime Trusts for Descendants
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 […]
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 […]