Learn about the different types of property in Texas
Published by Robert A. Ray
Types of property involved in contesting a will in Texas
On this page you will learn what you need to know about the different types of property often involved in inheritance disputes in Texas.
Necessary Disclaimer: Do not take, or refrain from taking, any action based on what you read. You need to discuss your situation with an attorney who can advise you based on your facts.
If you have a question about a pending or anticipated lawsuit about contesting a will in Texas, use the Contact Us page at the top of the site to see if we can help.
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Problems with property
There are several types of property involved in a Texas inheritance dispute. Knowing about the types of property will help in assessing what your inheritance rights may be. I have written on my blog and on this site about problems that may arise with property.
A will must dispose of all property in all circumstances. If it doesn’t, then the laws of intestate succession will determine who gets the property.
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 that someone else has that should be the heirs. This is complicated, involving heirship proceedings but there is a possibility that it can be done.
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.
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 in Texas. Read about mineral interes versus royalty interest and who inherits those interest.
Community property is property acquired during marriage. All property is presumed to be community. The burden is on the person claiming that property is not community to prove it. Of course, if there is no marriage, there is no community property.
Royalty interest or mineral interest are often involved in inheritance disputes in Texas such as contesting a will. Those interest are explained here.
What property is inherited by your heirs in Texas if you die intestate (without a will or with a will that has been set aside because of a suit contesting the will) depends on what kind of property you have at your death. There are two kinds of property that are relevant to probate: probate property and non probate property
Gift deeds are valid in Texas but there are requirements above and beyond what is required of a normal deed. A gift deed is a document that transfers title to land. It can be informal but the intent of the grantor must be to immediately divest himself of the property....
In Texas, 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 a problem often faced in contested probate cases. Are they survivorship accounts where the survivor...