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.
64 articles
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.
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.
WHAT HAPPENS WHEN A TEXAS WILL DOESN’T DISPOSE OF ALL THE PROPERTY
If a will doesn't dispose of all the property, the the laws of descent and distribution will determine who gets the property.
INHERITANCE RIGHTS IN TEXAS—HOW TO OBTAIN THEM
Heirship proceeding are different from will contest. If more than four years have passed, it may be difficult, but may not impossible, to gain the inheritance.
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.
Challenging a Joint Account
Challenging a pay of death (POD) or joint account with right of survivorship account is difficult but cah be done. Don't accept them at face value.
Heir property in Texas
Many people in Texas refer to "heir property." What they mean is the property that goes to the heirs if there is no will.
Learn about oil & gas inheritance laws in Texas
Learn about oil & gas inheritance in Texas. Read about mineral interes versus royalty interest and who inherits those interest.
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.
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.
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.
Kind of Texas Property that is Inherited if You Die Intestate.
What property is inherited by your heirs in Texas if you die intestate depends on what kind of property you have at your death.
Learn about Joint Accounts and Inheritance in Texas
In Texas, joint accounts are accounts, usually with a financial institution, where more than one person has rights to the account. Deciding what those…
Mineral Interests Overview In Texas
Royalty interest or mineral interest are often involved in inheritance disputes in Texas such as contesting a will. Those interest are explained here.
Selling property when one heir refuses
When several people are left property, the easiest way to divide the property is to sell it and then divide the proceeds. Often, that procedure runs into…
What Is A Texas Homestead?
Introduction When a person dies who owns a home and has a spouse or dependent children, Texas limits how the owner can dispose of the home. This article…
Texas Supreme Court Holds There Is No Tortious Interference With Inheritance Rights Cause Of Action
Texas does not recognize the tort of interference with inheritance but there are other ways to accomplish the same result.
In A Texas will, When Does "I Leave The Rest To You" Mean I Don't Leave The Rest To You?
In a Texas will, the mother said this: "NOW BOBBY I leave the rest to you, everything, certificates of deposit, land, cattle and machinery, Understand the…
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.
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 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
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.
Arbitration Clauses In Wills
Arbitration clauses in wills may be enforced
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.
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.
Tortious Interference With Inheritance Rights.
Tortious interference with inheritance rights is an additional claim that an attorney can bring when contesting a will.
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…
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.
Is A Contingent Will Valid? What If The Contingency Never Occurs?
Contingent will are valid but not favored.
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
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…
Should You Tell Your Children What They Will (Or Won't) Inherit?
Deborah L. Jacobs a staff writer at Forbes, wrote an article she listed seven reasons why you should tell your children what they will or won't inherit.…
Deed to Trustee When There is No Trust
Deed to Trustee When There is No Trust Who owns the Texas property if there is a deed to John Smith, Trustee but there is no trust?
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.
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…
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…
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.…
"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.
A Starting Point for a Will Contest is an Unnatural Disposition.
When deciding whether to contest a will/contesting-wills-2/, one of the first things to look for is an unnatural disposition of the property. An unnatural…
Does the phrase "is presently making payments to me" limit a gift of a mineral interest?
A testator's will stated "I give all of my interest in the Crockett County, Texas, mineral interest that Occidental Permian Ltd. is presently making…
Can a testator be unduly influenced when they are incompetent?
Can a testator be unduly influenced when they are incompetent?
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…
How do you make a gift of CD's?
How do you make a gift of Certificates of Deposit in Texas? Is an account in the name of John or Mary sufficient?
When is a gift not a gift in a Texas will?
In a recent case, the second paragraph of a will gave a piece of land to the…
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…
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.…
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 you get divorced after making your will?
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.