Probating a will is the process of proving the validity of a will in court. It is generally required when someone dies with assets in their name that need to be transferred to beneficiaries. The probate process can be complicated, so it is important to have an experienced attorney by your side. If you are […]
A will is a legal document that names how a person’s property will be distributed after their death. In order for a will to be valid, the person must have what is called “testamentary capacity.” This means that they must understand the nature and extent of their property, and must be able to identify the […]
After someone dies, their bank accounts, financial assets, and mortgage information do not automatically go to the next of kin. In Texas, the process for getting this information is not as straightforward as one might think. In this blog post, we will explore how to get bank, financial, and mortgage information in Texas after someone […]
No one likes to think about what will happen after they die, but it’s important to have a plan in place. If you don’t, your loved ones may have to deal with a lot of complications. One of the biggest problems they might face is probate. Probate is the legal process of distributing a person’s […]
When a loved one passes away, their wishes for what their family should do with their body can be communicated through a will. This usually entails whether they wish to be buried or cremated, but it can also extend to organ donation. However, what if their wishes regarding organ donation were only communicated orally and […]
A will helps to communicate a decedent’s final wishes, including how they wish for their estate to be administered and which assets are to be given to specific beneficiaries. However, what if the decedent wrote letters to an attorney before they passed away that requested changes to be made to the will? Can a letter […]
Classifying assets as either community property or separate property significantly impacts division in Texas probate. Property acquired during marriage is generally community property subject to equal split. However, separate property brought into the marriage or acquired by gift or inheritance remains distinct. When spouses move from non-community property states, confusion arises over asset classification. In […]
Crafting and signing a will provides comfort that a testator’s wishes will be honored after their passing. However, life circumstances may necessitate updates to even the most well-designed estate plan. Can a will be changed after its initial creation? The Mahan v. Dovers, 730 S.W.2d 467 469 (Tex. App. — Fort Worth 1987, no writ) […]
Probate administration is the legal process of validating a will and distributing a deceased person’s assets to their beneficiaries. In Texas, if someone dies with a valid will, their estate will generally go through probate. It is during this process that an interested party can contest a will. Challenging a will’s validity faces imposing evidentiary […]
Texas probate courts possess wide-ranging authority to order relief on matters not directly pled in the original probate pleadings. This exceptional power provides the probate courts with considerable flexibility to fully and equitably resolve probate disputes. The Sivley v. Sivley, 972 S.W.2d 850, 855 (Tex. App. — Tyler 1998, orig. proceeding) case helps to understand […]