Introduction So, your property was condemned by the city’s eminent domain power. Now what? If this happened to you in Texas, you might be wondering if the land that is being taken is considered as one tract or not. Luckily, there’s an answer to this question. It turns out, if your land is divided into...KEEP READING

Probating an Estate with or without a Will After a person dies, their estate must be managed according to the laws of the state in which they resided. This process is called estate administration, and it can be complex and overwhelming, especially if you are already grieving the loss of a loved one. This article...KEEP READING

In Texas, it is not possible to make an affidavit based on belief alone. You must have knowledge of a fact in order for the affidavit to be valid under Texas law. To understand this better, let’s look at the 1996 case, Williams v. Bagley. Legal Terminology Texas Rules of Civil Procedure, Rule 682: No...KEEP READING

Introduction: Should You Have a Texas Will? If you die without a will in Texas, your assets will go to your closest relatives according to state law. This may not be what you want. A will lets you decide who gets your assets when you die. A will is a legal document that says how...KEEP READING

Introduction: When Can Probate Be Disputed in Texas? Probate is the legal process of transferring a person’s property and assets after they die. If you are named in a will as an executor, it is your responsibility to see that the probate process goes smoothly. However, there are certain situations in which probate can be...KEEP READING

Probate Law without a Will The process for probating an estate when there is no will is similar to probating a will. There are several notable differences, including the heirship proceeding and the attorney ad litem. To start the probate court process, the applicant will file the following documents: Application to be appointed, Application for...KEEP READING

A Texas Transfer on Death Deed is a way to transfer real property to someone else upon your death without going through probate. The deed must be properly signed and notarized, and it must be filed with the county clerk in the county where the property is located. What is a Texas Transfer on Death...KEEP READING

Even with the simplified probate process in Texas, probate can still be a long, complicated process for some that can be enormously frustrating for loved ones who are trying to manage a deceased person’s estate. While avoiding probate may be the best option in some cases, it’s important to weigh the pros and cons before...KEEP READING

Huitron v. Kaye, 2022 UT 36 (Utah 2022) The Utah Supreme Court reversed the lower court, which had denied the defendant’s motion for partial summary judgment. The Supreme Court ruled that since the plaintiff did not file his personal injury lawsuit in time, he was limited to pursuing what money was held by the estate....KEEP READING

Probate law is a legal system that governs the estate of a deceased person. A will settlement is a legal process by which an estate is settled, usually after the death of the person who made the will. The process of settling a will can be complicated and can involve negotiations between family members over...KEEP READING