When someone dies without a will, the probate courts in Texas are required to appoint attorneys to represent the unknown heirs. This attorney is referred to as an “attorney ad litem.” The attorney ad litem fee is paid out of the probate assets of the estate. The amount of the fee can vary widely based...KEEP READING
The courts will generally enforce the terms of a valid will. The focus is on the language of the will, not external evidence that suggests a different meaning for the language included in the will. A good example of this can be found in Estate of Neal, No. 02-16-00381-CV (Ct. App.–Ft. Worth 2018), in which the...KEEP READING
A will has to be admitted to probate to be valid. And there is a time limit to admit a will to probate in Texas. Those who inherit everything under a will may not meet this deadline thinking that they do not need to probate the will, given that they inherit everything. This often results...KEEP READING
Probate is the legal process of administering a person’s estate after they die. In Texas, there are several different options and choices available for handling probate matters, depending on the specific circumstances of the case. Disputes can arise during the probate process, which can make the process even more complicated. In such cases, one of...KEEP READING
In the states that allow them, such as Texas, Ladybird Deeds are a relatively simple and useful tool that should be used more often. The Ladybird Deed allows one to automatically transfer real estate to a third party on death, by simply making a notation on the deed during their lifetime. The In re Estate...KEEP READING
When someone passes away, their estate typically goes through a legal process called probate. During this process, the deceased person’s assets are distributed to their heirs and any outstanding debts are settled. However, disputes can arise between heirs regarding who should serve as the personal representative, how the estate is handled, and the distribution of...KEEP READING
Imagine you are appointed as the executor for a family member or loved one and, as part of the probate process, you discover that the decedent transferred their primary asset to another party during their lifetime. Also imagine that they did so when they were of sound mind and it appears that they did so...KEEP READING
The probate process can present a number of challenges for surviving spouses. These challenges can include figuring out how to pay personal expenses when the primary liquid assets are tied up in probate. Texas law allows for a widow’s allowance to cover these expenses. The court in Estate of Nielsen, No. 06-17-00055-CV (Tex. App.–Texarakana 2017)...KEEP READING
Many people enter into contracts with others to hold their property, with the understanding that the property will revert back to the original owner when the holder dies. It may be convenient to have another party hold property with the intent that the property reverts back to the owner. One way to accomplish this is...KEEP READING
Probate is the legal process by which a deceased person’s estate is settled and distributed to their heirs and beneficiaries. It can be a complex and time-consuming process that requires careful attention to detail and knowledge of Texas probate law. If you are responsible for managing a loved one’s estate or are going through the...KEEP READING
