Probate Law | Silberman Law Firm, PLLC - Part 9

Sale of Minor’s Real Estate in Texas

It is not uncommon for minors to become owners of real property via inheritance or as distributees under a will in Texas. Minors (persons 18 years or younger) are generally considered incapacitated persons without the right to contract and cannot effectively sign a deed conveying title to real estate. This issue presents a problem for […]

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Ancillary Probates in Texas

Probate is governed by state law, and each state has its own statutes in place to facilitate a probate court proceeding. Estates with assets in more than one jurisdiction may require multiple probate proceedings. Generally, the primary probate proceeding occurs in the state where the decedent was domiciled at the time of death. If the […]

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Will Prove Up Hearing: What to Expect as an Executor

While attending court to get appointed as an executor may seem intimidating, understanding the courtroom layout, rules and procedures can help ease some anxiety. Some Texas counties allow the will to be admitted through attorney testimony; however, many counties require the executor to come to court to testify. Your probate attorney will be your guide […]

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An Overview of Marital Property Law in Texas

The fact that Texas is one of nine community property states in the US means that all assets belonging to married persons are affected by the concept of community property. In a community property state, most property acquired during marriage belongs to both spouses and is considered community property. Furthermore, community property is either classified […]

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The Texas Will and Probate Process

Our firm receives a multitude of questions about probating wills in Texas (also known as a testate probate). The purpose of this post is to provide an introduction to the law and legal process surrounding wills. When someone dies with a will, the decedent’s property passes according to instructions in the will. The will must […]

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