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 […]
Unlike full probate, which can take months or even years to complete, muniment of title is a relatively quick and simple process that can be completed in a matter of weeks. The process involves filing a petition with the probate court and providing evidence that all debts and taxes have been paid and that there […]
We recently had the opportunity to assist James, a local celebrity of sorts and a real estate investor, with his estate planning needs. James contacted us seeking guidance on setting up a revocable living trust and transferring his LLCs into the trust for enhanced anonymity and asset protection. In this case study, we outline the […]
Hiring a probate attorney is an important decision, as this individual will be responsible for guiding you through the legal process of administering a loved one’s estate after they pass away. Probate law can be complex and confusing, so it is essential to find an attorney who is knowledgeable, experienced, and trustworthy. To ensure that […]
When it comes to drafting a will in Texas, the language used is critical to ensure that the testator’s intentions are accurately reflected. Despite the careful consideration that goes into creating a will, it’s not uncommon for contradictions or ambiguities to arise within the document. To better understand this situation let’s look at the case […]
Probate is the legal process of distributing a person’s assets after they die. In Texas, if a person dies without a will, their assets will go through probate court. The court will appoint an executor to oversee the estate and distribute the assets to the heirs according to state law. One of the questions that […]
Introduction: Intestate Succession Law One of the first questions many people ask when they learn about probate is whether a will is required in order for the process to begin. The answer is no – in Texas, the probate process can begin without a will. While a will is not required, there are certain advantages […]
The process of probate can be a long and complicated one, especially if the estate in question is large. But what if the estate is small? In Texas, there is a process known as a small estate affidavit that can be used in these cases. In this blog post, we will walk you through everything […]
When drafting a will in Texas, it’s important to carefully consider how your property will be distributed after your passing. One important aspect to consider is whether to create a class gifts by adding class descriptions to your will. But what exactly is a class gift and how does it work in Texas? It’s important […]