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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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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