Generally, for a will to be valid, one has to communicate their wishes in a will and the will has to be signed.  This begs the question as to how someone who cannot speak or sign a will can execute a valid will.   The court addressed this in Estate of Luce, No. 02-17-00097-CV (Tex. App.-Ft. Worth 2018),...KEEP READING

Estate planning is an important process that helps to ensure that a person’s wishes are carried out after they pass away or become incapacitated. This process allows individuals to make decisions about their finances, property, and healthcare in advance, so that their loved ones and healthcare providers know how to act on their behalf if...KEEP READING

It is important to understand the legal requirements when it comes to estate administration. Filing the inventory, appraisement, and list of claims of the estate is a crucial step that must be taken within 90 days after qualification. Failure to do so can result in severe consequences, including the removal of the personal representative and...KEEP READING

When someone passes away, their estate typically goes through the probate process to distribute their assets to heirs or beneficiaries. In some cases, the personal representative appointed to administer the estate is granted broad powers to manage and distribute assets without court supervision, in what is known as an independent administration. An independent administration can...KEEP READING

After a person passes away, there is often a lot that needs to be done to settle their affairs and distribute their property. This can be a complicated and time-consuming process, especially if the person had significant assets or debts. One of the first steps in this process is for a personal representative to apply...KEEP READING

The process of probate administration can be lengthy, complicated, and costly. Fortunately, Texas law provides various alternatives to a full probate administration. These alternatives include a small estate affidavit, an affidavit of heirship, and a family settlement agreement. While each of these options has its own unique set of requirements and limitations, a family settlement...KEEP READING

The search for a last will and testament and other papers is one of the first steps to take after someone passes away.  The will is generally needed to start the probate process.  Beneficiary forms are needed to get access to accounts. The list goes on and on. While the interested parties may be able...KEEP READING

We live in a digital world, and most of our important documents are stored in digital form. Many of our documents can only be found by searching through our email inbox. However, some documents, such as wills, must be kept in paper form. This raises a concern: what happens when the original will is lost...KEEP READING

There are a number of challenges an executor can face in administering an estate. Will contests are an example. Even the best-written will can be challenged. These disputes can be particularly troubling if they are filed after the estate has been administered and the probate assets have been distributed. The executor may have no way...KEEP READING

Texas law allows for independent administrations. This is an informal probate process. This gives the executor a considerable amount of leeway to administer the probate estate. The independent executor is only guided by instructions in the will, if there is a will, and/or by the rules in the Texas Estates Code. This is why the...KEEP READING