An affidavit of heirship can be a useful tool for heirs who want to avoid the time and expense of the probate process, as well as protect their rights and ensure a smooth transfer of property. It is usually only used when the estate consists of real estate–not bank or other financial accounts–and the decedent […]
Previously, college athletes could not share in the revenue generated by their universities, however, a landmark Supreme Court ruling in 2021 enabled them to earn advertising revenue based on their name, image, and likeness (“NIL”). This ruling has opened doors for student-athletes who, because of the change in NCAA rulings, can now make money off […]
The probate court gets it wrong sometimes. When it does, and it issues a final order, the parties usually have the right to appeal the order. There are times when one or more parties do not have notice of the probate court order and miss the deadline to file the appeal. This is where the […]
Creating a will is crucial to ensure that your assets are distributed according to your wishes after you pass away. In Texas, however, it’s not enough to simply draft a document and call it a will. A will must meet certain legal requirements to be considered valid. Failing to meet these requirements can result in […]
If you’re like most people, you probably don’t think too much about what would happen to your retirement account if you died. But it’s actually a pretty important question, especially if you live in Texas. Inheriting a retirement account can be a significant financial asset, but it also comes with several complexities and tax implications. […]
When someone dies with a will, it may not always be self-evident that the will has to be admitted to probate. This is often the case in estates where all of the assets pass to a surviving spouse. The surviving spouse may assume that they automatically succeed to title to all assets. And they may […]
A fiduciary is a person who holds a legal or ethical relationship of trust with another party. If a person is a fiduciary, they have what is called a fiduciary duty to that party. A fiduciary duty can exist in several special relationships or circumstances and the type of duty that exists between a fiduciary […]
One of the most challenging fact patterns when it comes to estate planning is the blended family, such as a couple who get divorced and there are children from later marriages. This gets particularly difficult to plan for when minor children are involved. The combination of step-children and minor children can result in some odd […]
Generally, all interested parties have to be included in the litigation. This is a fundamental rule in our system of justice. There are times when this is not required, however. There are instances where the rules say that interested parties do not have to be joined. This is often to avoid unnecessary delays or to […]
Most litigation matters are decided based on evidentiary standards. The winner is the one that presents enough evidence based on the evidentiary standard that applies. This might seem to provide clear-cut rules, but it doesn’t. The standards are not clear and when one standard is to be applied over another is also not clear. The […]
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