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
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
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
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
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
