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June 2, 2024
02
Jun

Unpaid Debts When a Person Passes Away

CNBC recently ran an article entitled This is what happens to unpaid debts when a person passes away. The article cites several financial planners who suggest that debts do not have to be paid. This is a common misconception. So what actually happens to unpaid debts when a Texas resident passes away? About Probate in...
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11fraud with durable power of attorney
02
Jun

Dealing With a Fraudulent Durable Power of Attorney

A durable power of attorney is a standard estate planning document. It is a powerful legal document that grants an agent broad authority to act on behalf of the principal. Unfortunately, this type of document is often prone to fraud and abuse. The Gardner v. Majors, No. 10-21-00306-CV (Tex. Ct. App.–Waco 2023) case provides an...
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11forced heirship
02
Jun

Forced Heirship in Texas Probate

Should someone have the right to dispose of their property when they die as they see fit? Should the law impose a requirement to leave loved ones with equal shares? These competing policies have found their way into Texas probate law. Texas law used to provide for forced heirship, which resulted in equal shares and...
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11
02
Jun

Disputes Between Heirs Over Assets

Losing a loved one is an emotionally challenging experience. The process of settling their estate is complicated. This can put the survivors under quite a bit of stress. The stress often results in people acting and taking actions that they would not normally take. This can include everything from cutting corners, skirting even the most...
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11caring for parent with dementia
02
Jun

Legal Solutions When Caring for a Parent with Dementia in Texas

As our loved ones age, it is natural to worry about their physical and mental health. Dementia is common and something that many of us will have to contend with. Caring for a parent with dementia can be an overwhelming experience. It requires patience, empathy, and understanding to navigate the challenges that come with this...
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11when there is no will
02
Jun

Case Study: Intestate Succession

After retiring from the military, Mrs. Smith was on disability benefits from the Veterans Administration. When she passed away from stage 4 cancer, she didn’t have a will. Mr. Smith wondered what the probate process was when an estate is without a will? Probate is a legal process that occurs after someone dies. It involves...
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11A large House- Deceased Borrowers in Texas
02
Jun

Navigating Probate: Understanding the Complexities of Deceased Borrowers in Texas

The aging population in Texas has been on the rise, resulting in a higher number of deceased borrowers who leave behind complicated situations for their families and mortgage lenders. When the borrower passes away, the mortgage loan becomes due and payable in full, even if the estate cannot cover the remaining balance. This can lead...
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11low cost probates in Texas
02
Jun

Estate Tax Return Requirements

The passing of a loved one can be a difficult time and the responsibilities of being an executor of their estate can add additional stress. In Texas, if you have been named as the executor of a decedent’s estate, it is important to understand the estate tax return requirements to ensure that you are in...
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11administer a texas probate estate
02
Jun

Four Steps to Administer an Estate in Texas

When a person passes away, their estate must go through probate in order to be distributed to their heirs. Probate is the legal process of settling the estate and can be done with or without a will. If the deceased had a will, then the executor named in the will is responsible for administering the...
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11case study estate with debts
02
Jun

Case Study: No Will, House, & Significant Debts

When Sam and Jamie’s mother passed away in Houston, Texas. They found themselves with an estate to administer but no will to guide them. While Sam resides in the same city as the estate, Jamie lives in Germany, making the coordination even more challenging. The siblings sought legal assistance to navigate the probate process. The...
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