Definition of Life Estate and Remainder
Property left to a person for their life creates a life estate. The person is a life tenant. When they die, the propert goes to another.
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Procuring a will may be a crime.
When someone takes advantage of an elderly person and gets them to make a will when they don't have testimentary capacity that may be a crime. %%primary_category%%
Definition of Escheat
Escheat means that the state owns your property after you die if you don't have a will and no heirs can be found. Prevent this by having a will.
Definition of Intestate in Texas
When a person dies intestate, who gets his property is made by a judge with reference to the state's descent and distribution laws.
Definition of Administrator or administratrix
An Administrator or Administratrix is the person appointed by the court to handle the estate of someone who died without a will, with a will but no…
Definition of Executor or Executrix in Texas
The person appointed to administer the estate of a person who has died leaving a will which nominates that person. Dictionary.Law.Com. An executor is a…
Definition of Community Property in Texas
Community property is property acquired during marriage except through gift or inheritance. Property is presumed to be community property.
Definition of Estoppel
Estoppel means that you are not allowed to take a position that is inconsistent with a prior position that you took. You are estopped from taking an…
Definition of Fiduciary in Texas
A person who has the power and obligation to act for another often called the beneficiary under circumstances which require total trust, good faith and…
Definition Of Non-Participating Royalty Interest.
The words "non-participating royalty interest" may be defined as an interest in the gross production of oil, gas, and other minerals carved out of the…
Definition of "ouster"
Ouster refers to the actions of people who own property together. They are co-tenants or tenants in common. Each co-tenant in any real property is…
Definition of Pecuniary
Pecuniary means of or relating to money. By Robert Ray/certified a Texas inheritance attorney.
Definition of Putative Spouse in Texas
A putative spouse is one who has a good faith belief that he or she is married but who is not legally married.
Definition of Testamentary Intent In Texas
Testamentary intent is the disposition of property in contemplation of death. A document must be made with testamentary intent.
Definition of Testator or testatrix
A testator is a person who makes a valid will. A will is the document through which a deceased person disposes of his property. A person who dies without…
Definition of Torts in Texas
A tort is an action that causes harm to a person or their property, whether it is due to negligence or a deliberate act that does not involve contracts.…
Definition of Trustee
A person or entity who holds the assets corpus of a trust for the benefit of the beneficiaries and manages the trust and its assets under the terms of the…
Definition of Ademption in Texas Probate
Ademption means a specific bequest of property in a will is no longer owned by the testator when he passes away. What happens?
Find Out Who is an Interested Party for Probate Purposes?
In order to start or join a probate matter in Texas, you have to be an interested party. That term has a specific meaning.
Learn About No Contest Clauses Or In Terrorem Clauses In Texas
Almost all wills have a no contest clause in them. You should not be worried about the clause if you bring a contest in good faith and with just cause.
Learn About Powers of Attorney in Texas
Are all powers of attorney the same? The short answer is no. A power of attorney can grant a general power or a special power. It can be a durable power…
Per Stirpes and Per Capita
Per stirpes means by the root. Per capita means by persons. These terms are usually used in a will when a testator is leaving property to several persons.
Read About A Muniment Of Title In Texas
Muniment of Title means to probate a will quickly and cost-efficiently when there is no need for administration of the estate. A court may probate a will as a Muniment of Title if the court finds that the will should be admitted to probate, that there is no need for an administration, and that there are no unpaid debts of the estate other than liens on real estate.
Texas Requirements For A Common Law Marriage
Texas requirements for a common law marriage are: intent to be married, living together in Texas and representing to others that you are husband and wife.
What Are Holographic Wills In Texas
A holographic will is a handwirtten will. It must be wholly in the handwriting of the testator. He can not type it or print it.
What is a codicil?
TL;DR Key Takeaways : A codicil in Texas is a practical tool for making minor changes to a will without the need for a complete rewrite. It is commonly…
What is a Settlor or Trustor?
A Settlor, sometimes called a Trustor, is the person who creates and funds a trust and appoints a…