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Probate Articles
11
04
Nov

An Overview of Texas Probate Law

Introduction to Probate Law When a person dies, their assets must go through probate before they can be distributed to the beneficiaries. Probate is the legal process of distributing a person’s assets after they die. If the deceased person had a will, the probate court will follow the instructions in the will. If the deceased...
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11
28
Oct

Are You an “Interested Party” If You Already Received Benefits from a Will ?

Legal Terminology In Limine hearing: A procedure that allows parties to exclude evidence from a jury Uninterested persons: Anyone who has a property right or claim against the estate being administered Probate Law Case Sheffield v. Scott, 620 S.W.2d 691, 693 (Tex. App. — Houston [14th Dist.] 1981, writ ref’d n.r.e.) Facts and Procedural History...
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11
21
Oct

How to Inherit Life Insurance in Texas

Introduction Inheriting life insurance in Texas is a process that requires some understanding of the law. It can be confusing, but it’s important to know what to do if you are the beneficiary of a life insurance policy. In this blog post, we will walk you through the process of inheriting life insurance in Texas....
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11
14
Oct

Must an Inference Be Supported by Evidence?

An inference is an educated guess. When you draw an inference or conclusion based on the evidence, there’s a reason you come to that conclusion and that reason likely comes from the evidence presented within the text. Inferences may be made based on evidence, but an inference itself is not evidence. Can a lawyer in...
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11Muniment of Title
07
Oct

What is a Texas Affidavit of Heirship?

A Texas affidavit of heirship is a legal document that declares someone as the heir to an estate. This document can be used when there is no living blood relative who can inherit the estate. The person who signs the affidavit is called the “heir representative.” What is an affidavit of heirship? An affidavit of...
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11
30
Sep

Estate Planning for Texas Student Athletes in the NIL World

Previously, college athletes could not share in the revenue generated by their universities, however a landmark Supreme Court ruling in 2021 enabled them to earn advertising revenue based on their name, image and likeness (NIL). This ruling has opened doors for student-athletes who, because of the change in NCAA rulings, can now make money off...
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11
23
Sep

Does the Rule for a Bill of Review Have to be Followed Exactly?

Law terms Texas Probate Code Ann., Rule 31 [now Texas Estates Code]: Any person interested may, by a bill of review filed in the court in which the probate proceedings were had, have any decision, order, or judgment rendered by the court, or by the judge thereof, revised and corrected on showing error therein; but...
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11
16
Sep

Is Your Texas Will Invalid?

When Is a Texas Last Will and Testament Invalid? After someone dies, their will is often one of the first things that needs to be dealt with. But what happens when a will is invalid? In Texas, there are a few different circumstances that can render a will null and void. Learn more about what...
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11Aging Parent with Dementia
09
Sep

Inherited Retirement Accounts: The Basics

If you’re like most people, you probably don’t think too much about what would happen to your retirement account if you died. But it’s actually a pretty important question, especially if you live in Texas. In Texas, inherited retirement accounts are subject to some pretty strict rules. For example, if you die before you’ve reached...
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11Texas probate law
02
Sep

Will a Court Accept “I Didn’t Know” as an Excuse for Not Complying with Probate Deadlines?

Probate is a court process that kicks in when someone dies. As this case shows, if you are a potential executor of a will and don’t file for probate within the allotted time, you might not get a second chance. Terminology Holographic Will: A holographic will is a will that is entirely handwritten and signed...
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