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What Is a Guardianship and How Does It Work?

Introduction: Texas guardianship laws A guardianship is a court-ordered arrangement in which one person (the “guardian”) is given legal authority to make decisions on behalf of another person (the “ward”). There are two types of guardianships in Texas: 1. Full guardianship – The guardian has authority to make all decisions regarding the ward’s care, including […]

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 […]

Why Does My Will Have to Go Through Probate?

Introduction After you die, your will has to go through the probate process in order to be executed. Probate is the legal process of validating a will and distributing a person’s assets after they die. If you live in Texas, you may be wondering why your will has to go through probate. After all, it […]

Who Will Serve as Personal Representative in Your Will?

Introduction When you’re making your will, one of the most important decisions you’ll make is who will serve as your personal representative. Your personal representative is the person who will be responsible for carrying out your wishes after you die, so it’s important to choose someone you trust implicitly. There are a few things to […]

Can Someone Else Give a Gift Causa Mortis?

Introduction When it comes to giving gifts, we usually think of happy occasions like birthdays and Christmas. But what about when someone is nearing the end of their life? In Texas, there is a provision for what’s known as a Causa Mortis gift. This allows a person to give away property or possessions that they […]

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 […]

Alternatives to Probate: Order of No Administration

The “order of no administration” is one of the alternatives to a full probate. It is used when the estate has some assets, but the award of a family allowance would exceed the value of the assets. Since the family allowance is paid before nearly all other claims to the estate assets, there is no […]

Alternatives to Probate: Administration of Community Property

In Texas, administration of community property can be a legitimate alternative to probate. The determination of whether property is community property or separate property can be a complex matter and is often a source of controversy during the administration of an estate. In some cases the community property laws can be used to probate the […]

Does Past Misconduct Against an Estate Suggest Undue Influence in a Will Contest?

In Texas, probate court is the venue in which family members, friends, and business associates can contest a will. The Texas Estates Code sets out rules for how the court should handle these disputes. You might be wondering, if evidence of past misconduct toward an estate can be admitted as evidence to prove undue influence. […]

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. […]