From the archive
330 articles on Texas inheritance law, written over the last decade. Grouped by subject, because that's how people look for things.
When a will doesn't reflect what the person wanted — capacity, undue influence, forgery, and how a will gets set aside.
What happens when someone dies without a will, how Texas decides who inherits, and how you prove you're an heir.
The duties they owe you, what counts as a breach, accountings, and removal.
Biological children and siblings discovered years later, and how Texas handles their claims.
The clocks that end cases — which one starts when, and the narrow exceptions.
What forms part of an estate, what passes outside it, and the transfers that get disputed.
The process itself — what gets filed, what the court does, and what to expect.
What these cases cost, how contingency fees work, and when litigation makes sense.
What the words mean. Testator, intestate, per stirpes, escheat — the vocabulary that turns up in probate paperwork, explained without more jargon.
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This blog will be a general discussion of general matters of interest to the public. If you need legal advice for a legal problem, contact us to see if we can represent you. Our contact information is at www.TexasInheritance.Com.
A pretermitted child is one who is born after a will is made and is not otherwise provided for. What "not otherwise provided for" means depends on the facts
Texas law provides that after a divorce, all provisions in a will in favor of a former spouse “must be read as if the former spouse failed to survive the testator” and are null and void.
If you don’t have a will, your estate will go to your heirs as determined by statute. That may be what you want but what if you are married and have children from a prior marriage. If you die without a will, your property, including your home, will go to your heirs, not you spouse!
In the first part of this post/how-i-learned-to-stop-worrying-and-love-probate-part-1/, I talked about what probate is about. In this part, I want to talk…
Texas probate is the easiest, quickest, and least costly probate in the United States. You should not be concerned about it.
The burden of proof in a will contest varies based on the time that the will contest is filed. Generally, if a will contest is filed before the Judge…
A will contest in Texas is the opposition of a document that has been offered from probate. Lack of testamentary capacity and undue influence are reasons to contest a will.
All powers of attorney are not the same. A power of attorney ends on the death of the person who gave the POA. If not "durable" it ends on the incompetence of the person who gave it.
Texas power of attorney trust principal settlor contesting a will fiduciary duty
The word for today is “ademption.” If a testator/index.php?option=com_content&view=article&id=233:testator-or-testatrix&catid=32:gadgets&Itemid=30 makes a…
Today's word is abatement. Estate property is liable for debts and expenses of administration. How are these paid? Do all of the beneficiaries share this…
These articles explain how things work in general. If you're trying to work out where you stand in an actual dispute, six questions will get you further than an afternoon of reading.