A list of the most common terms used in probate.
Information to better inform you about Texas probate.
Things that may be important in a Texas probate.
Definitions used in probate and inheritance disputes that visitors to this site will surely find understandable.
The terms used in law during the probate process can be confusing if you are not familiar with them. Things like the difference between an executor and an administrator or muniment of title. This glossary will define the terms so that you know their meaning in relationship to the probate process.
Property left to a person for their life creates a life estate. The person is a life tenant. When the life tenant dies, the property (or remainder) goes to another, called the remainderman.
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.
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.
When a person dies intestate, the determination of who gets his property is made by a judge with reference to the state’s descent and distribution laws.
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 nominated executor, or the executor named in the will has died, has been removed from the case or does not desire to...
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 fiduciary. By Robert Ray a Texas inheritance attorney. The foregoing information is general in nature and does not...
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 trust stated in the declaration of trust which created it. Dictionary.Law.Com. A trustee is a fiduciary. By...
Texas Common-law Marriage Texas recognizes common-law marriages or what Texas calls "Informal Marriages." There are two different ways you can have an informal marriage: Agreeing to be married; living together in Texas after the agreement; and, representing to others...
Testamentary intent is the disposition of property in contemplation of death. A document must be made with testamentary intent to be a will 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.
Inheritance disputes involve someone who has taken advantage of the elderly. These cases are complicated and most often, but not always, involve outsiders. We represent you knowing that these inheritance disputes are private and painful family matters. We know this is a stressful time for you. We strive to obtain the quickest and best results possible so that you can get this troubling episode behind you.
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