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Will Contests in Texas Probate Courts

Will contests in Texas probate courts are legal proceedings in which the validity of a last will and testament is challenged. These types of cases can be complex and emotionally charged, as they often involve disputes between family members over the distribution of a loved one’s assets. Validity of a Will in Texas In order […]

Do I have to file a tax return for someone who dies?

When a loved one passes away, there are many things to take care of, including filing their final federal income tax return. This may seem like a daunting task, but it is important to understand the process and the deadlines involved. In this article, we will discuss everything you need to know about the final […]

Can evidence of past misconduct toward an estate prove undue influence?

Questions of undue influence can be difficult to prove in Texas, particularly when it comes to a deceased’s estate. But did you know that evidence of past misconduct toward the decedent may be able to help establish undue influence? In this blog post, we will discuss the complexities of proving undue influence in Texas and […]

A Dedicated Probate Court in Montgomery County?

As the population of Montgomery County continues to grow, so does the need for efficient and effective courts to manage the increasing number of cases. To address this, State Representative Will Metcalf has filed House Bill 1436, aimed at converting Montgomery County at Law No. 2 into a probate court. What Is a Dedicated Probate […]

How Do I Locate a Will?

Have you ever wondered how to locate a will? While it may seem like a daunting task, it is an important step when trying to figure out what the deceased wanted. This can be especially true if you are an heir or executor of a will. In this blog post, we’ll explore what to do […]

What Should I Look for in a Personal Representative?

Texas state law mandates that for any probate matter, a personal representative must be appointed in order to represent the estate of the deceased. But what exactly does that mean? How can one determine who is capable and eligible to be the personal representative? And what qualities do they need to possess in order to […]

When Tax and Probate Law Meet

Under U.S. tax law, gifts and inheritances are generally excluded from gross income. This means that you do not have to pay taxes on gifts or inheritances that you receive. However, there are some exceptions to this rule. For example, if you receive a gift of property that has appreciated in value since it was […]

Arrangements to Make After a Loved One Dies

Death is a difficult thing. It can feel sudden and overwhelming, no matter the circumstances. During this time of grief, it’s understandable that you may not be thinking about the practical considerations involved in dealing with the death of a loved one. But these are important arrangements to make in order to take care of […]

When Can a Will Be Legally Revoked?

In the Texas case of In re Estate of Capps, the court was faced with the question of whether the decedent’s will had been revoked. According to Texas law, a will can be revoked either by physically destroying it, by making a new will that revokes the old one, or by making a statement indicating […]

Can I Challenge the Court Appointment of an Independent Executor?

In the Texas case of In re Estate of Crenshaw, the court was faced with a hearing on the disqualification of an independent executor under section 78 of the Texas Probate Code [now the Texas Estates Code]. At issue in the case was whether an order appointing an independent executor was appealable to a higher […]