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Probate Articles

Houston Probate Articles

This page provides informative articles on all aspects of probate in Texas. Our team of experienced attorneys regularly publishes articles on probate administration, probate litigation, estate planning, and other important topics. We strive to provide you with the knowledge and resources you need to make informed decisions about your legal matters. Browse our articles to learn more about probate and how it affects you and your loved ones.

Our Houston Probate Attorneys provide a full range of probate services to our clients. Affordable rates, fixed fees, and payment plans are available. We provide step-by-step instructions, guidance, checklists, and more for completing the probate process. We have years of combined experience we can use to support and guide you with probate and estate matters. Call us today for a FREE attorney consultation.

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11Fiduciary-Duty
26
Aug

To Whom Do Executors Owe a Fiduciary Duty?

August 26, 2022,
A fiduciary is a person who holds a legal or ethical relationship of trust with another party. If a person is a fiduciary, they have what is called a fiduciary duty to that party. A fiduciary duty can exist in several special relationships or circumstances and the type of duty that exists between a fiduciary...
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11
19
Aug

Estate Planning for Blended Families & Minor Children

August 19, 2022,
One of the most challenging fact patterns when it comes to estate planning is the blended family, such as a couple who get divorced and there are children from later marriages. This gets particularly difficult to plan for when minor children are involved. The combination of step-children and minor children can result in some odd...
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11
12
Aug

Do All Will Beneficiaries Need to Participate in a Will Contest?

August 12, 2022,
Generally, all interested parties have to be included in the litigation. This is a fundamental rule in our system of justice. There are times when this is not required, however. There are instances where the rules say that interested parties do not have to be joined. This is often to avoid unnecessary delays or to...
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11
05
Aug

Evidentiary Standard in Texas Probate Cases: Preponderance of Evidence

August 5, 2022,
Most litigation matters are decided based on evidentiary standards. The winner is the one that presents enough evidence based on the evidentiary standard that applies. This might seem to provide clear-cut rules, but it doesn’t. The standards are not clear and when one standard is to be applied over another is also not clear. The...
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11
29
Jul

When Is a Probate Estate Legally Closed in Texas?

July 29, 2022,
When someone goes through the process of probating an estate, this usually means that they will have to gather, manage, and distribute the deceased’s assets. This process can take quite some time in a Texas probate. In fact, in most cases, the probate administration is never closed. The probate stays open indefinitely. The In re...
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11
22
Jul

How to Handle Small Estates in Texas with Limited Assets

July 22, 2022,
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...
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11
15
Jul

Can a Beneficiary in Prison Receive an Inheritance?

July 15, 2022, ,
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...
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11chair-at-desk-with-open-book
08
Jul

What Should You Do If a Will is Invalid?

July 8, 2022,
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...
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11Texas Trust Estate Planning
01
Jul

Is a Probate Attorney a Legal Requirement in Texas?

July 1, 2022,
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...
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11Court room
24
Jun

Proving Up a Testamentary Trust When the Trust Document is Lost

June 24, 2022,
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?...
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