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...KEEP READING

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...KEEP READING

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...KEEP READING

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...KEEP READING

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...KEEP READING

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...KEEP READING

In the Texas case of In re Estate of Capps, the court was faced with the question of whether the decedent’s will had been revoked.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...KEEP READING

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...KEEP READING

What exactly is probate? It’s a legal process that takes place when someone dies, and it involves the distribution of their assets. While this may sound like a simple enough process, there are actually several different types of probate in Texas that you should be aware of if you are dealing with an estate or...KEEP READING

One of the key principles of wills and trusts law is that a will should be given effect as written, unless it is shown that the will was procured by fraud, duress, or undue influence. This principle, known as the “rule against perpetuities,” is based on the idea that a person’s wishes should be respected...KEEP READING