Avoiding Texas Estate Settlement Disputes in Wrongful Death
Discover how Texas estate settlement disputes turned a family's tragedy into a court battle in Reynolds v. Davis. Learn what went wrong and how to avoid it.
180 articles
Texas Inheritance Alert: When Self-Proved Wills Fail in Court
Discover the surprising limitations of self-proved wills in Texas. Learn from a real court case why your estate plan might not be as secure as you think.
Inheritance Rights for Out-of-Wedlock Children
Can a 1966 law stop a biological child from inheriting? Learn how the Zeller v. Allen case impacts inheritance rights for out-of-wedlock children in Texas.
Is Your Gift Really Yours? Proving a Texas Gift
Learn the vital steps for Proving a Texas Gift of property. Understand why a $10 consideration in a deed can lead to a legal battle and how to protect your separate property.
Can You Represent an Estate Without a Lawyer?
Discover how the Texas Supreme Court ruled that sole heirs can represent their estates without a lawyer, changing inheritance disputes forever.
Does a Will Witness Need to Know What They're Signing?
A Texas court ruled a will is valid even if a witness doesn’t know what it is. Learn what this means for you!
Divorces and Dementia: What Texas Law Says About Guardianship
Can a guardian file for divorce? Explore the twists and turns of this Texas Supreme Court case where a daughter filed for her father's divorce.
Gift Deed vs. Lady Bird Deed vs. TODD Deed in Texas: A Quick Guide
Gift Deed vs. Lady Bird Deed vs. TODD Deed in Texas: A Quick Guide. What you need to know about giving real estate away in Texas.
Texas-Sized Trouble: Why Venue Matters in Your Inheritance Dispute
Confused about venue rules in Texas probate cases? Learn how to choose the right court for your inheritance matter. Find out what factors determine the proper location.
Handwritten Will Invalid: Texas Case Highlights Key Requirements
Explore a recent Texas court case on holographic wills and learn why handwritten wills may not hold up in probate. Get expert insights on valid will requirements and essential estate planning tips.
Texas Slayer Rule
Discover why the Texas Slayer Rule is unique and differs from other states—expert guidance on preventing killers from inheriting through constructive trusts and court action.
Understanding Inheritance Litigation: A Texas Case Study"
Unravel the complexities of inheritance battles with our informative blog post. Explore a real-life case in Texas that explores the dispute over the inheritance of a John Deere tractor.
Texas Estate Battle: How the Validity of Wills Divided a Family
Can a handwritten will override a later one? Explore a Texas family's legal battle over an inheritance and discover crucial lessons about will validity and probate.
Common Disaster Clauses in Wills: Insights from a Texas Legal Battle
Explore Texas inheritance law through the Vencie and Melba Beard case. Learn about common disasters, the Slayer Statute, and crucial estate planning lessons for Texans.
Understanding Estate Inventories in Texas: A Guide for Beneficiaries
An inventory is a comprehensive list of all the assets of the estate and all claims against it. If an incorrect inventory is filed, you must object to it in a timely way, or it may be too late.
How Timing Affects Texas Inheritance Claims
How Timing Affects Texas Inheritance Claims—don't lose your inheritance by failing to claim it before the statute of limitations runs our.
Texas Supreme Court Rules on Lost Wills
A lost or missing will can be probated in Texas if you follow the requirements and prove it was not revoked.
Missed the 4-Year Mark? When Texas Courts Allow Late Will Probates
Probating a Texas will after four years. A will has to be filed for probate within four years of the testator’s death. After four years, a will can be…
What You Need to Know about the Burden of Proof in Contesting a Will
When a will is contested, it is important to contest it early, otherwise, the burden of proof will shift to the contestant instead of the proponent.
Who Receives Notice of Probate?
Who receives notice of probate in Texas? If you are not a named beneficiary in the will, you don't receive personal notice and must be aware.
Void Versus Voidable Marriages
Discover what sets void and voidable marriages apart in the eyes of the court.
Statutory Probate Judges And Why You Want One
Statutory Probate Judges are well-versed in probate law and procedure. It is a good idea to have a Statutory Probate Judges judge your case.
Who Can Contest a Texas Probate?
In order to be involved in a Texas probate case, a person has to have standing. Standing means that the person has a pecuniary interest in the outcome.
Can You Have an Heirship Determination if There is a Will?
Heirship/heirship/ Proceedings in Texas The Texas Estates Code provides that the probate court "may conduct a proceeding to declare heirship/heirship/…
Bill of Review
The main difference between a Texas equitable and statutory bill of review is that a statutory bill of review does not require due diligence.
Presumption of Undue Influence
When an action benefits the fiduciary in any way, there is a presumption of unfairness and the burden is on the fiduciary to show otherwise.
Tax Foreclosure in Texas
Tax foreclosure in Texas is not as final as one might think. If you meet the criteria, you may be able to redeem it even after it is sold.
Can a testator make hand written changes to a will
As a general rule, if a will is not “wholly” in the handwriting of the testator, it must be attested to by two credible witnesses.
Can a murderer inherit his victim's property?
The Texas slayer rule requires affirmative action to prevent the murderer from inheriting the victim's property.
What can go wrong if you represent yourself - part 2
Representing yourself in court in probate matters or inheritance issues is problematic because the estate is a person you can't represent.
When is a handwritten document a holographic will?
Texas recognizes handwritted documents as wills if they are wholly in the handwritting of the testator. Witnesses are not required.
The slayer rule doesn't always apply
The slayer rule - person who murders another person cannot inherit from that person. Texas doesn't have the slayer rule but there are other methods.
Problems filing in the wrong court
When a case or claim is filed in the wrong court, you may lose your claim without being heard. You may not be able to refile it.
What can go wrong if you represent yourself - part 1
Representing yourself in a Texas will contest is not smart. The judge can't help or adivse you. You must respond correctly and timely or face dismissal.
Removal Suits May be Subject to the Texas Anti-SLAPP, TCPA Law
Trustees and executors are fiduciaries and owe duties to the beneficiaries. If they breach those duties, the can be removed.
A Gift of "Personal Property" Means all but Real Estate
A gift of "all household and personal property" includes everythng but real estate inculding all tangible and intangible personal property.
Podcast - revoking a will in Texas
This podcast discusses some of the ways in which a will can be revoked as well as some problems that arise about attempted revocation of a will.
Podcast - improper signing of will
Wills are sometimes contested because of a problem in the way the will was signed. This is often referred to as the execution of the will.
Podcast - Time limits for contesting a will in Texas
Contesting a will is limited to filing within a certain amount of time - what the law refers to as the statute of limitations.You may be surprised to learn that the statute of limitations for contesting wills does not start at the time of death, but when the will is admitted to probate.That means that if you feel a will should be contested, you must act quickly. If you have a meritorious claim but you don't act quickly, your claim can be lost. This podcast discusses the issues that a person contesting a will must keep in mind. What are the time limits or statute of limitations? When do they start running? Remember, contesting a will is not about greed. It is doing what is right to make sure that our elderly are not taken advantage of by someone. As tragic as it is, abuse against our elders is on the rise. Whether by caretakers, friends, siblings, or even their own children, we are seeing more and more cases of seniors being abused into revising their will.
Correcting a will or trust in Texas
The Probate Judge can correct or reform a will or trust if it is clear that "an error was caused by a scrivener's or draftsman's failure to embody the…
Do you need a lawyer to probate a will in Texas?
The answer to so many issues dealing with inheritance and probate is "maybe." If you want to probate the will as a muniment of…
Find Out What Types of Probate Are Available
Several types of probate are available when a person dies depending on whether they have a will or not. If the Decedent did have a Will: 1. Probate of a…
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 How a Will is Probated in Texas
Independent Executor The form of probate most familiar to clients is the probate of the will with the appointment of an executor of will. What some refer…
Probating a Lost Will?
Probating a Lost Will A problem that comes up occasionally is the issue of a lost will. Lost wills are problems because there is a presumption that when a…
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.
What Is Probate In Texas
Your inheritance. Let's keep it yours! TL;DR In Texas, our simple, one-hearing probate begins when someone files a will with the county clerk within 4…
Gift Deeds in Texas
Gift deeds in Texas require more than regular deeds. Learn what steps to take to transfer title to land in Texas. TPC §5.021 covers requirements including intent and delivery.
Can I contest a will without an attorney
Will contests are litigation cases. They are complicated because the Rules of Evidence and the Rules of Civil Procedure must be observed. A judge is under…
Contesting a will with a no contest clause.
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.
Family Settlement Agreements In Texas
Family settlement agreements are favored in law because they tend to put an end to family controversies by way of compromise.
Find Out About Contracts to Make a Will
three hands holding pens signing document on table This question usually comes up when a husband and wife make their wills at the same time. A contractual…
Learn About Filing Two Different Wills in Probate Court
If there are two different wills how does a Texas probate court deal with them? Are they both admitted? The oldest one? The newest one?
Learn How to Successfully Contest a Will in Texas
First Thing The first thing that you must do when you have an idea that you may be challenging a will is to contact a Texas attorney and you should…
Learn the First Step in Contesting a Will in Texas
The first thing that you must do in Texas when you have an idea that you may be contesting a will is to contact a Texas attorney and you should contact…
What happens when you contest a will
After gathering all the information from you, your attorney will file the contest in the appropriate court. Through your attorney, you will be able to…
Podcast "DNA – I found my dad, do I inherit his estate?"
What inheritance rights do you have in Texas when you take a DNA test and and discover who your father is?
Start here to Learn About Contesting Wills in Texas
Contesting a Will is Not About Greed. Whether by caretakers, friends, siblings, or even their own children, seniors are being abused to rewrite their wills.
Effects of a Family Settlement Agreement?
If as part of a will contests, you enter into a family settlement agreement, can you appeal the settlement if you become dissatisfied? The Dallas court of…
Wills and Community Property Survivorship Agreements
Facts In a 2019 case, a husband filed an Application to probate a joint and mutual will as the last will of his wife. Because the document had not been…
Breach of Fiduciary Duty has a Four Year Statute of Limitations
Texas has a general four year statute of limitations period that may apply in a suit against an executor or administrator for breeching his duties.
Texas Supreme Court Decides Standard For Filing A Will After Four Years
The Texas Estates Code provides that a will must be filed within 4 years of the death of the testator. A will can be filed after that time if the…
Are Arbitration Provisions of a Will Enforceable?
If a trust (will?) contains an arbitration clause and you receive benefits from the trust, you are agreeing to the arbitration clause.
When Is A Joint Account Not A Joint Account In Texas
Joint Accounts in Texas Financial accounts do not go through probate. They are non-probate assets. The financial institution gives the money directly to…
Oral Statements by the Testator about a Texas Will
When a person tells someone how he wants his property handled when he dies but he has a written will or trust, the oral statements will not change how his…
Does A Texas Will That Says "all other things owned by me..." Include Everything Owed By The Testator
The will In a recent Texas inheritance dispute out of the Fort Worth Court of Appeals, In the Estate of Larry Ronald Neal, Deceased, No. 02-16-00381-CV,…
What Happens When You File An Inheritance Dispute In The Wrong Texas Court
Things can go wrong and you could lose your case if you don't know what you are doing. Individual, non attorneys, are held to the same standard as attorneys.
Is A Will Voidable Because of Public Policy
Background In 2016, the Texas court of appeals in Austin had to decide if a will was voidable because of public policy. The testator had one child, a…
Can You Probate An Invalid Will In Texas
Invalid wills can be admitted to probate if not contested The idea to take away from the case discussed in this article and similar cases is that this…
10 Reasons Not To Allow Pre-Death Will Contest
Background Texas does not allow a pre-death Antemortem will contest. 254 sw2 862. As long as the testator is alive, Texas considers his will changeable…
Do You Have To Prove Up The Will, The Codicil Or Both In Texas
What is a Codicil A codicil is a document that adds to, deletes from, or supplements an existing will. It is inseparably dependent upon that will. It must…
Do You Legally Know What Your Attorney Knows?
Introduction An attorney is an agent for the person principal that he represents. Agency law imputes the knowledge of the agent to the principal. If an…
London Courts Face Explosion Of Will Contest Cases
Explosion of Will Contest Cases The evening standard reports that London courts are facing an explosion of will contest cases. “There has been a huge…
Can A Will Be Signed By Initials In Texas
A signature by initials executes a will if the instrument is testamentary in character and if the testator meant his initials to be his signature.
Can An Executor Sell Property To Himself
A fiduciary like an executor, a trustee, a holder of a power of attorney may have the right to sell property but selling it to himself is self-dealing.
When Are You Dead For Probate Purposes, Part 3
When are you dead for probate purposes is a question that is not as simple as one might think.
Marijuana and Probate in Texas
The interaction between marijuana and probate in Texas will change the playing field of inheritance disputes if Texas joins other states.
Getting Someone To Make A Will May Be A Crime
In Texas, Getting Someone To Make A Will May be A Crime. If there are elements of elder abuse and wills in favor of non-relatives under suspicious circumstances, obtaining a will may be a crime.
Texas Bank Gives Money To Wrong Person
Texas bank gives money to wrong person - The Texas bank may not be liable to you if it gives your money to the wrong person says the Texas Supreme Court
Removal Of Executor In Texas
Removal of Executor or an administrator in Texas. Rights of beneficiaries of will to seek removal of an executor and what needs to be proven.
How To Disinherit Someone In Texas
How To Disinherit Someone In Texas depends on when a person died.
England Seeing Increase in Will Contest
The increase in will contest is directly related to the change in the family structure and the extended life times that we have today.
Do All Heirs Have To Join A Will Contest?
Do all heirs have to join a will contest in Texas? If a person doesn't join a will contest, they may lose their inheritance if the will contest is settled.
Arbitration Clauses In Wills
Arbitration clauses in wills may be enforced
Relationship Poisoning And Undue Influence
Relationship poisoning is a from of undue influence in Texas. Relationship poisoning is a ground for contesting a will in Texas.
Pretermitted Spouse and Premarital Agreement
Texas does not recognize a pretermitted spouse so the issue of a pretermitted spouse and premarital agreement is not something that concerns a Texas spouse.
Executor Violates Duty because of a Mistake
A Texas Executor Violates Duty because of a Mistake. Even if he relied on his attorney if he was mistaken in his duties, he can be held personally liable.
Good Faith Exception in Will Contest
Texas courts will recognize a Good Faith Exception in Will Contest relating to no contest clauses in wills
Husband Inherits Abandoned Wife's Property
Husband Inherits Abandoned Wife's Property in Texas if she dies without a will.
Elder Abuse Is Increasing
Elder abuse is increasing, especially financial abuse, causing families to have to resort to post-death remedies such as contesting the will.
Agreement Not To Contest A Will
Agreement not to contest a will in Texas. Are they enforceable?
Necessary Parties To Will Contest
Necessary parties to will contest must be made part of the suit or it may be dismissed.
Pay On Death Beneficiary Designation
A pay on death beneficiary designation can be voided by a court if the owner did not have the mental capacity to change the beneficiary.
Probating A Newer Will
Probating a newer will after an older will has been probated
"Interested Persons" Can Contest Wills.
Only interested persons can contest a will.
Family Settlement Agreement And Jurisdiction.
Family Settlement Agreements do no deprive the probate of jurisdiction to order an accounting and a distribution of the estate.
Tortious Interference With Inheritance Rights.
Tortious interference with inheritance rights is an additional claim that an attorney can bring when contesting a will.
Credible Witnesses To A Will.
Two credible witnesses are required. The Texas Estates Code requires every last will, if not wholly in the testator's handwriting, to be attested by two…
Contractual Bequest In A Will.
Contractual Bequest The Dallas Court of Appeals decided a case in 2013 that involved this contractual bequest in a will: if you "reside with and care for…
Contingency Fees In Will Contest?
Learn how to contest a will in Texas and protect your inheritance. Discover payment options for legal representation, including contingency fees for larger estates.
Statutes Of Limitation For Contesting A Will In Texas
Texas' statutes of limitation for contesting a will can be fatal even if you don't know that a will has been filed for probate.
Disclaim Your Inheritance In Texas.
Why Disclaim? Why in the world would you want to disclaim your inheritance in Texas? Actually, there are many reasons. There may be tax reasons. The…
HOA Expenses after Death.
HOA or Home Owner's Association fees are much more common today than they used to be in the past. Most condominiums have an HOA. Small subdivisions may…
What Is A Widow's Election In Texas?
A widow's election in Texas puts the spouse to an election, either take under the will or forgo the will and claim property in their own right.
What Happens To A Gift To A Group?
Children or Siblings If a person dies intestate /faq/glossary-of-probate-terms-mainmenu-30/233-testator-or-testatrixthen all states have a statute that…
Can An Executor Or Trustee Go To Jail?
When a judge orders someone to do something and that person doesn't do it, the judge can hold him in contempt and put him in jail.
Pretermitted Wife Not Recognized in Texas.
Texas does not recognize a pretermitted (forgotten) wife. Some states do recognize pretermitted wife.
Is A Contingent Will Valid? What If The Contingency Never Occurs?
Contingent will are valid but not favored.
Does a "Request" in a Trust Mean You "Must?"
The language in a trust, even one prepared by a competent lawyer, may require interpretation by a court.
Do Appeals Courts Sometimes Give You a Hint of How They Will Rule?
If the decision in your will contest case starts off like the one in Marsh v. Marsh you probably can discern that your chances of winning are not good. In…
Do You Have a Right to a Jury Trial in a Will Contest?
In Texas, contesting a will is just like any other civil trial, e.g., the Texas constitution gives you the right to a jury trial.
If You Move to Another State, is Your Will Still Valid?
Usually. Most states will admit a foreign will to probate even if it doesn't meet all the requirements of a will as long as it is valid in the state in…
If You Don't Mention Some of Your Property in Your Will, Who Gets it?
In Texas, poorly drafted wills sometimes do not dispose of all of their property. What happens to the property? This article explains it.
A Business Partner Receives Life Insurance Proceeds to Buy a Deceased Partner's Interest but Keeps the Money.
When a Texas partnership buys insurance policies in case one of the partners dies, the proceeds of that policy may not go to the person the partners thought
A Man is Sentenced to Twenty-Five Years in Prison for Abusing a Power of Attorney.
The Austin Court of Appeals upheld a sentence of 25 years given to a man who abused a power of attorney. The man was the former grandson-in-law of the…
Can the Judge Order Spousal Support From a Spendthrift Trust?
No, says the Dallas Court of Appeals. The court stated that under Texas law, spendthrift trusts are trusts with language prohibiting the voluntary or…
Who Pays the Expenses of Your Probate if You Are Not Dead?
You are alive. Someone files a probate action in court saying that you are dead. When you show up alive, some expenses of the probate action have already…
Can You be Sentenced to Prison if You Spend Money From a Joint Account?
Yes you can, says the Amarillo Court of Appeals in a 2013 case. The court noted that it is not often that civil and criminal precepts collide in a…
When is a Probate Matter Contested for Venue or Transfer Purposes?
In small, Texas counties, the county judge must assign a statutory probate judge if one is requested.
Can a Male Who Has Had a Sex Change be the Surviving Wife For Inheritance Purposes?
A male who has had a sex change can qualify as the surviving wife of a Texas fireman.
Appealing A Will Contest After Trial
When a non probate case has been filed and tried and the judge has entered a final judgment disposing of all the parties and all the issues you have…
Can an Ex-spouse Accidentally Inherit Property?
Can an Ex-spouse Accidentally Inherit Property? Possibly. I've previously written/what-happens-if-you-get-divorced-after-making-your-will/that a divorce…
Under the "slayer rule" can you inherit from someone you murdered if your are found incompetent?
The Texas slayer rule prevents the slayer from inheriting but requires that the heris take some affirmative action.
What is a "moiety" and how does it affect inheritance?
What is a "moiety" regarding inheritance? A problem may arise if there are descendants on one side but not the other.
Can Minors Contest a Will?
Yes. A minor can contest a will/contesting-wills-mainmenu-26/291-start-here-to-learn-about-contesting-wills. Usually, a parent will begin contesting a…
Can a Texas Judge Declare That a Parent Can't Inherit From His Child?
Yes he can, according to the Texas Probate Code. A judge can declare that a parent can't inherit by or through a child if the parent abandoned or failed…
Is There a Reading of the Will in Texas?
There is no reading of the will in Texas as depicted in Hollywood movies. You do need to know what is in a will and there are ways of getting a copy of it.
Can a Texas Fiduciary Avoid Liability by Relying on Accountants and Attorneys?
In Texas, a trustee or other fiduciary may not be able to avoid liability for breach of his fiduciary duty by relying on other professionals like…
When does property vest in the beneficiary?
A will left a life estate "during his natural life" in property to an incompetent son then left the property after the life estate ends to son 2. This is…
Are You Courting Death When You Write a Will?
Apparently, some people in Tanzania think that you are. The Tanzania DailyNews in an article published July 21, 2013 reported that some people believe…
Is a will written on a tablet computer valid?
The Chronicle-Telegram reported that an Ohio judge admitted to probate a will written and signed on a tablet computer Samsung Galaxy tablet. The testator…
Replaced pages in a will.
Once a will is properly executed, pages cannot be changed or replaced unless the will is re-executed with the same formalities required of a new will. In…
Jersey (Not New Jersey) changes inheritance laws
The BBC reported that Jersey in the UK is changing its inheritance laws to conform to the European Convention on Human Rights. Currently, a husband…
Do you or your heirs own your body?
No, says the Texas Supreme Court in a recent decision, Evanston Ins. Co. v. Legacy of Life, 11-0519 In the Legacy case, an insurance company did not want…
Can a Fiduciary delegate his discretionary power to another?
A fiduciary/fiduciary-disputes-mainmenu-29/who-is-a-fiduciaryowes the highest duty/fiduciary-disputes-mainmenu-29/duties/244-fiduciary-dutyimposed in law…
Witnesses to Power of Attorney charged with murder!
The Kansas City Star newspaper reported an interesting story. A sixty-seven year old millionaire, Bill Van Note, was in the hospital on a ventilator after…
How much time do you have to get a Court to construe a will?
When a will is not being contested but there is a disagreement of how the will should be construed, a person has four years before action needs to be…
Is it dangerous to be an heir?
It can be depending on the mental status of other heirs. Some will contest can get out of hand. As one person put it, you really never know a person until…
Can a person you don't know end up owning your estate?
Yes they can. Look up Marilyn Monroe's estate. She gave the largest part of her estate to her acting coach. She had become friends with him and his wife.…
What are six common reasons for contesting wills?
A law professor who teaches probate and estate planning has listed six common reasons why people contest wills. Prof. Gerry Beyer's paper is here The…
In Developing Countries, Lack of Inheritance Rights for Women May Depress the Country's Economy
In a posting on the World Bank's blog there is an article that points out that wives and daughters don't have the same inheritance rights as husbands and…
BBC reports that 20% of Wills in the UK May Contain Mistakes
The BBC reports the Legal Services Board LSB, which oversees the profession in England and Wales, said 20% of wills contained mistakes. Apparently, anyone…
Is There an Attorney Client Privilege in a Will Contest?
When a suit is filed contesting a will, the attorney who prepared the will may not be involved in the will contest. Since he is the one who supposedly…
"You never really know a person until you've shared an inheritance with them"
It's not about the money—it's about memory. Explore why dividing personal items breaks families and how a simple "Personal Property Memorandum" can be the key to protecting relationships after a loss.
Does a Bank Have to Return Money to an Estate that it Let the Wrong Person Withdraw?
In two recent cases in the San Antonio area, the Texas Supreme Court was asked to decide if two banks were required to return money to an estate that the…
Who Has the Burden of Proof When Contesting a Will?
In Texas the burden of proof depends on when the will contest is filed. If the will is contested before it is admitted to probate, the burden of proof is…
In a will contest, can you recover your attorney's fees if they were reasonable and necessary?
Texas law allows you to recover your attorney's fees if you offer a will for probate even if the will is rejected. As long as the jury finds that you…
Will a forged will always be set aside?
If a forged will is not contested within the statute of limitations, it may end up being admitted to probate.
Unsworn Declarations Will Replace Affidavits, Verifications, Oaths, etc. in September.
The Texas Legislature has passed and the governor has signed House Bill 3674 which amends §132.001 of the Civil Practice and Remedies Code and states that…
Where to find information about Prepaid Funerals.
The State of Texas maintains a site to provide customers information about prepaid funerals. "Prepaid funeral merchandise and services is defined as goods…
Can You Probate A Will After Four Years In Texas?
Probate A Will After Four Years In Texas? You are required to probate a will within four years of the death of the testator unless you are not in "default."
Is a forged will good for something?
Is a forged will good for something? A forged will can be used to determine when the statute of limitations starts running.
Can you probate a will that has been revoked?
After waiting too long to contest a will, the heirs attempted to admit a will that everyone knew was revoked. The court said no, you can't do that.
Where do you sign a will?
In a recent case, the testator/index.php?option=com_content&view=article&id=233:testator-or-testatrix&catid=32:gadgets&Itemid=30 had what was obviously a…
No contest clauses in wills.
There are many no contest clauses in wills in Texas. Are they enforced? What can you do if you need to contest a will that has a no contest clause?
Time Limits For Contesting A Texas Will
Time Limits For Contesting A Texas Will, what the law refers to as the statute of limitations are critical. If you are unhappy with a will, act quickly
Joint accounts with right of survivorship
Joint accounts are accounts, usually with a financial institution, where more than one person has rights to the account. Deciding what those rights are is…
Financial institution breached fiduciary duty
In a case decided in 2005, a man had an account at a financial institution. He originally opened the account as a joint account with right of survivorship…
Can beneficiaries agree not to be bound by a will?
The quick answer is yes, they can. Texas recognizes what are called “family settlement agreements.” A family settlement agreement will be enforced by a…
Can two people enter into a contract to make their wills a certain way?
In Texas can two people contract to make their wills in a certain way?
Will Void If Attorney Prepares A Will And Is Beneficiary
In Texas, if an attorney prepares a will, neither he, his family nor his employees can inherit under the will unless they are related to the testator.
Can A Beneficiary Attest A Will?
Can A Beneficiary Attest A Will? As stated in another post/credible-witnesses-will/on this blog, a will has to be attested by two or more credible persons…
What do you do if you think that an elderly person is being exploited?
In Texas, there is a statute that requires you to report the exploitation if you have reason to believe that it is taking place. The statute reads “a…
Can you replace pages in your will?
If you have a will and you decide to make changes to it, can you take out a page and replace it? If you replace pages and then re-execute the will with…
What are the formalities required to make a will?
In Texas, there are two sets of requirements for wills. One applies to the rare situation where wills are wholly in the handwriting of the…
A man is sent to prison for forging a will.
A Michigan probate attorney, Andrew W. Mayoras, has posted some information on his blog about a man who forged his girlfriend’s will after she was killed.…
Dependent vs. Independent Administration vs. Muniment of Title
When someone dies, a probate is filed to dispose of the assets. What type of probate should be filed? In Texas there are several different types of…
What is the difference between community and separate property?
Texas is a community property state. The word community in community property refers to the marital community; the marriage between you and your spouse.…
Who inherits your property if you die intestate (without a will)?
Separate property – 1. 1. If there is no spouse – all to children. If there are no children then to parents. 2. 2. If there is a spouse - a. If no…
Welcome to the new location for TexasInheritance.Com Blog
From now on, we will be updating the blog at this site. If you came from TylerProbate.Com/wordpress thanks for coming. We will not be updating that blog…
What if there are not enough assets in the estate to pay all of the expenses?
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…
What happens if the testator leaves you something in his will but when he dies, he no longer owns the property that he gave you?
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…
Can Texas power of attorney create a trust using the principal's money?
Texas power of attorney trust principal settlor contesting a will fiduciary duty
Are all Powers of Attorney the same?
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.
What is a will contest in Texas?
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.
Who has the burden of proof in a will contest?
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…
How I learned to stop worrying and love probate, Part 1.
Texas probate is the easiest, quickest, and least costly probate in the United States. You should not be concerned about it.
How I learned to stop worrying and love probate, Part 2.
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…
Should I have a will?
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!
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