Not everyone has significant assets when they die. Some of us die owning just a bank account, a no-so-expensive home, some personal effects, or a combination of these assets. While the value of these assets may be nominal, they still have value and, likely, there are heirs that would like to have the assets. This...KEEP READING
Introduction If you are the beneficiary of an inheritance but are currently incarcerated, you may be wondering if you can still receive your inheritance. The answer depends on the state in which you are incarcerated and the type of inheritance you are receiving. Read on to find out more about how to receive an inheritance...KEEP READING
If you doubt the validity of a will, there are a few things you can do. You can file a petition with the court to have the will probated, or you can file an objection to the probate. If you have grounds to believe that the will is invalid, the court will investigate your claims...KEEP READING
When someone dies, their estate must go through the probate process. This is true whether or not the deceased had a will. Probate is the legal process of settling an estate, and it can be complicated. In Texas, the court may require that an attorney handle the probate process, depending on the size and complexity...KEEP READING
When a person dies, their will must be probated in order to distribute their assets according to their wishes. In most cases, the original will is presented to the court for probate. This can be tricky when the original will is lost. But what happens if the lost will includes language that creates a trust?...KEEP READING
The court is required to appoint a temporary administrator if the judge determines that there is an immediate need to appoint a personal representative. The courts do not favor temporary administrations. They are often viewed as an unnecessary expense. The party seeking a temporary administration has to convince the court that the need is immediate....KEEP READING
Just because someone is named in a will or even appointed to be an executor of an estate does not mean that they will act according to the will or the law. People are people, and there are good and bad people. This begs the question as to what one can do if they are...KEEP READING
The probate process in Texas can be a complex and lengthy undertaking, with a myriad of legal requirements to navigate. One such requirement is obtaining a death certificate, a vital document that must be filed with the State of Texas within 10 days following a death. The death certificate is not only crucial for recording...KEEP READING
As experienced Houston guardianship attorneys, we understand that the legal aspects surrounding the guardianship of minors can often be complex and overwhelming. Texas law outlines a series of provisions to guide the selection and eligibility of individuals for guardianship. To help you navigate these legalities, we’ve put together an easy-to-understand guide based on Chapter 1104...KEEP READING
There are times when you need to access the decedent’s bank records before a probate case is started. This may be needed to tell if there are even assets that need to do a probate. The subpoena is one way to get records, but there is a question as to whether the probate court can...KEEP READING
