When a Texas resident passes away, their estate usually has to go through the probate process. This process ensures that creditors (if any) are paid and it facilitates the distribution of their assets to their beneficiaries. As part of this process, an inventory of the decedent’s assets must be created and filed with the court. […]
A will contest in a Texas probate court refers to a legal process that entails challenging the authenticity of a deceased person’s last will and testament. Such proceedings are known to be intricate and are often the result of familial disagreements over the allocation of the deceased’s belongings. Who Can Contest a Will? In Texas, […]
As the population of Montgomery County continues to grow, so does the need for efficient and effective courts to manage the increasing number of cases. To address this, State Representative Will Metcalf has filed House Bill 1436, aimed at converting Montgomery County at Law No. 2 into a dedicated probate court. What is a Probate […]
The death of a loved one is an emotional time for their family. Their affairs and assets need to be settled via the probate process. This involves the distribution of assets and inheritance to the decedent’s beneficiaries, paying their debts to creditors, and probating a will if they left one behind. As such, the emotional […]
The death of a loved one can be an extremely difficult time. During this time of grief, you may not want to think about the arrangements that have to be made after a loved one passes away. However, it is important to take care of these matters as soon as possible. There are several matters […]
A will dictates a decedent’s wishes for their assets and how they wish for them to be distributed to potential beneficiaries. It can be revoked at any time before the person’s death by creating a new will or by destroying the existing will. To destroy a will, the testator must physically destroy the original document […]
A Small Estate Affidavit is an alternative to a probate that allows heirs or beneficiaries to bypass the formal probate process. It is a legal document used in Texas to transfer the assets of a decedent to their heirs or beneficiaries. It is designed to simplify the process of transferring property when the estate is […]
A transfer-on-death (TOD) deed, commonly known as a beneficiary deed, is an important tool in Texas estate planning. It allows you to transfer ownership of certain types of property upon your death to someone else without going through the probate process. The TOD deed has become increasingly popular in recent years due to its simplicity […]
In this case study, we delve into a typical scenario encountered by our probate attorneys involving a will contest. It involves a contest to a deathbed will that was executed just before the person died. One sibling purported to have a new will for the decedent and refused to produce it. The Challenge We were […]
When it comes to property, the old adage “you can’t take it with you” is true, but you can try to dictate who gets it when you die. This is where estate planning comes in, and the distinction between community and separate property in Texas is a critical consideration in probate cases. The interplay between […]
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