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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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11
02
Jun

When Is a Probate Estate Legally Closed in Texas?

June 2, 2024,
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
02
Jun

Evidentiary Standard in Texas Probate Cases: Preponderance of Evidence

June 2, 2024,
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
02
Jun

How to Handle Small Estates in Texas with Limited Assets

June 2, 2024,
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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11chair-at-desk-with-open-book
02
Jun

What Should You Do If a Will is Invalid?

June 2, 2024,
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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11
02
Jun

Can a Beneficiary in Prison Receive an Inheritance?

June 2, 2024, ,
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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11Court room
02
Jun

Proving Up a Testamentary Trust When the Trust Document is Lost

June 2, 2024,
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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11Texas Trust Estate Planning
02
Jun

Is a Probate Attorney a Legal Requirement in Texas?

June 2, 2024,
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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02
Jun

Objections to the Appointment of a Will’s Executor

June 2, 2024,
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...
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11a courthosue
02
Jun

The Process of Appointing a Temporary Probate Administrator

June 2, 2024,
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....
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11
02
Jun

Understanding Guardianship Laws for Minors in Texas: A Comprehensive Guide

June 2, 2024,
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...
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